Patent Law FAQ

If the assignment has not been recorded before the issue fee payment, the following applies:

• The request for issuance to the assignee must state that the assignment document has been filed for recordation.
• This statement should be made in accordance with 37 CFR 3.11.

As stated in 37 CFR 3.81(a): If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

To record an assignment of a patent or patent application, the following requirements must be met:

• The assignment must be in writing.
• It must be signed by the assignor (the person or entity transferring ownership).
• The document must identify the patent or application by number.
• The assignment must be submitted to the USPTO along with the required fee.

According to MPEP 301: “An assignment relating to a patent must be submitted to the USPTO for recordation as an absolute requirement for enforcing the patent or application against third parties.” This recordation provides constructive notice to the public of the assignment.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

For more information on USPTO, visit: USPTO.

Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must:

• Identify the document as a ‘joint research agreement’ in the description of interest conveyed
• Indicate the name of the owner of the application or patent
• Indicate the name of each other party to the joint research agreement
• Indicate the date the joint research agreement was executed

The document submitted can be either the entire joint research agreement or an excerpt of it. As with other recorded documents, it must be accompanied by a completed cover sheet as specified in 37 CFR 3.28 and 3.31.

Remember that A patent cover sheet may not refer to trademark applications or registrations. Separate cover sheets must be used for patents and trademarks.

For more information on joint research agreement, visit: joint research agreement.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:

The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.

This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.

To learn more:

• patent assignment
• assignee address
• cover sheet
• recordation

There are two ways to make a patent assignment of record with the USPTO:

1. Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment.
2. Make the assignment of record in the file of a patent application, patent, or other patent proceeding. This may be necessary for the assignee to ‘take action’ in the application or proceeding.

For a patent to issue to an assignee, the assignment must be recorded or filed for recordation in accordance with 37 CFR 3.11.

To record an assignment of a patent or patent application, the following requirements must be met:

• The assignment must be in writing.
• It must be signed by the assignor (the person or entity transferring ownership).
• The document must identify the patent or application by number.
• The assignment must be submitted to the USPTO along with the required fee.

According to MPEP 301: “An assignment relating to a patent must be submitted to the USPTO for recordation as an absolute requirement for enforcing the patent or application against third parties.” This recordation provides constructive notice to the public of the assignment.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

For more information on USPTO, visit: USPTO.

There are two ways to make a patent assignment of record with the USPTO:

1. Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment.
2. Make the assignment of record in the file of a patent application, patent, or other patent proceeding. This may be necessary for the assignee to ‘take action’ in the application or proceeding.

For a patent to issue to an assignee, the assignment must be recorded or filed for recordation in accordance with 37 CFR 3.11.

Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must:

• Identify the document as a ‘joint research agreement’ in the description of interest conveyed
• Indicate the name of the owner of the application or patent
• Indicate the name of each other party to the joint research agreement
• Indicate the date the joint research agreement was executed

The document submitted can be either the entire joint research agreement or an excerpt of it. As with other recorded documents, it must be accompanied by a completed cover sheet as specified in 37 CFR 3.28 and 3.31.

Remember that A patent cover sheet may not refer to trademark applications or registrations. Separate cover sheets must be used for patents and trademarks.

For more information on joint research agreement, visit: joint research agreement.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

If the assignment has not been recorded before the issue fee payment, the following applies:

• The request for issuance to the assignee must state that the assignment document has been filed for recordation.
• This statement should be made in accordance with 37 CFR 3.11.

As stated in 37 CFR 3.81(a): If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

If the assignment has not been recorded before the issue fee payment, the following applies:

• The request for issuance to the assignee must state that the assignment document has been filed for recordation.
• This statement should be made in accordance with 37 CFR 3.11.

As stated in 37 CFR 3.81(a): If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

To record an assignment of a patent or patent application, the following requirements must be met:

• The assignment must be in writing.
• It must be signed by the assignor (the person or entity transferring ownership).
• The document must identify the patent or application by number.
• The assignment must be submitted to the USPTO along with the required fee.

According to MPEP 301: “An assignment relating to a patent must be submitted to the USPTO for recordation as an absolute requirement for enforcing the patent or application against third parties.” This recordation provides constructive notice to the public of the assignment.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

For more information on USPTO, visit: USPTO.

Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must:

• Identify the document as a ‘joint research agreement’ in the description of interest conveyed
• Indicate the name of the owner of the application or patent
• Indicate the name of each other party to the joint research agreement
• Indicate the date the joint research agreement was executed

The document submitted can be either the entire joint research agreement or an excerpt of it. As with other recorded documents, it must be accompanied by a completed cover sheet as specified in 37 CFR 3.28 and 3.31.

Remember that A patent cover sheet may not refer to trademark applications or registrations. Separate cover sheets must be used for patents and trademarks.

For more information on joint research agreement, visit: joint research agreement.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:

The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.

This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.

To learn more:

• patent assignment
• assignee address
• cover sheet
• recordation

There are two ways to make a patent assignment of record with the USPTO:

1. Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment.
2. Make the assignment of record in the file of a patent application, patent, or other patent proceeding. This may be necessary for the assignee to ‘take action’ in the application or proceeding.

For a patent to issue to an assignee, the assignment must be recorded or filed for recordation in accordance with 37 CFR 3.11.

If the assignment has not been recorded before the issue fee payment, the following applies:

• The request for issuance to the assignee must state that the assignment document has been filed for recordation.
• This statement should be made in accordance with 37 CFR 3.11.

As stated in 37 CFR 3.81(a): If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

To record an assignment of a patent or patent application, the following requirements must be met:

• The assignment must be in writing.
• It must be signed by the assignor (the person or entity transferring ownership).
• The document must identify the patent or application by number.
• The assignment must be submitted to the USPTO along with the required fee.

According to MPEP 301: “An assignment relating to a patent must be submitted to the USPTO for recordation as an absolute requirement for enforcing the patent or application against third parties.” This recordation provides constructive notice to the public of the assignment.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

For more information on USPTO, visit: USPTO.

Joint research agreements can be recorded with the USPTO as per 37 CFR 3.11(c). The MPEP states that the cover sheet for a joint research agreement must:

• Identify the document as a ‘joint research agreement’ in the description of interest conveyed
• Indicate the name of the owner of the application or patent
• Indicate the name of each other party to the joint research agreement
• Indicate the date the joint research agreement was executed

The document submitted can be either the entire joint research agreement or an excerpt of it. As with other recorded documents, it must be accompanied by a completed cover sheet as specified in 37 CFR 3.28 and 3.31.

Remember that A patent cover sheet may not refer to trademark applications or registrations. Separate cover sheets must be used for patents and trademarks.

For more information on joint research agreement, visit: joint research agreement.

For more information on patent assignment, visit: patent assignment.

For more information on recordation, visit: recordation.

While the address of the assignee may be included in the assignment document, it is not strictly required there. However, the address must be provided in the cover sheet accompanying the assignment. As stated in MPEP 302.05:

The address of the assignee may be recited in the assignment document and must be given in the required cover sheet.

This means that while including the address in the assignment document itself is optional, providing it on the cover sheet is mandatory for proper recordation of the assignment.

To learn more:

• patent assignment
• assignee address
• cover sheet
• recordation

There are two ways to make a patent assignment of record with the USPTO:

1. Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment.
2. Make the assignment of record in the file of a patent application, patent, or other patent proceeding. This may be necessary for the assignee to ‘take action’ in the application or proceeding.

For a patent to issue to an assignee, the assignment must be recorded or filed for recordation in accordance with 37 CFR 3.11.