Can a patent application be assigned before it is filed?

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.

Yes, a patent application can be assigned before it is filed. This is known as an assignment of future rights. MPEP 301 states:

“An assignment of an application can be made before the application is filed. See 37 CFR 3.21.”

However, it’s important to note that the assignment document should clearly identify the invention and the application to be filed. Once the application is filed, it’s advisable to record the assignment with the USPTO to ensure proper documentation of ownership.

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

For more information on USPTO, visit: USPTO.

Topics: MPEP 300 - Ownership and Assignment MPEP 301-Ownership/Assignability of Patents and Applications Patent Law Patent Procedure
Tags: Assignment Definitions, Assignment Ownership, Constructive Notice, Fees, Licenses Security Interests