Are attorney’s liens against patents or patent applications recordable at the USPTO?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, attorney’s liens against patents or patent applications are not accepted for recording at the USPTO. This is explicitly stated in the MPEP:

“Documents that are not accepted for recording include attorney’s liens against patents or patent applications. See In re Refusal of Assignment Branch to Record Attorney’s Lien, 8 USPQ2d 1446 (Comm’r Pat. 1988).” (MPEP 313)

This decision reflects the USPTO’s policy on recordable documents and helps maintain clarity in the patent ownership records.

Topics: MPEP 300 - Ownership and Assignment Patent Law Patent Procedure
Tags: attorney's liens, international patent applications, recordable documents, USPTO secrecy