Patent Law FAQ

Recording a patent assignment with the USPTO is crucial for several reasons:

1. Legal Notice: It provides public notice of the assignment, which is important for establishing priority against subsequent purchasers or mortgagees.
2. Prima Facie Evidence: As stated in MPEP 301.01, ‘The recording of an assignment with the USPTO is prima facie evidence of its execution.’
3. Chain of Title: It helps maintain a clear chain of title for the patent or application.
4. Enforcement Rights: Proper recording can affect the ability to enforce patent rights or collect damages in infringement cases.

The MPEP emphasizes the importance of recording by stating, ‘An assignment must be recorded in the USPTO within three months from its date or prior to the date of a subsequent purchase or mortgage to be valid against a subsequent purchaser or mortgagee.’ This underscores the time-sensitive nature of recording assignments to protect legal rights.