Can the USPTO determine if conditions in a conditional assignment have been fulfilled?

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, the USPTO does not determine whether conditions in a conditional assignment have been fulfilled. According to 37 CFR 3.56:

“The Office does not determine whether such conditions have been fulfilled.”

The USPTO treats the submission of a conditional assignment for recordation as an indication that the condition has been met. This policy simplifies the Office’s handling of assignments and places the responsibility on the parties involved to ensure conditions are met before recording.