Does the USPTO determine the legal effect of recorded documents on patent ownership?
No, the USPTO does not determine the legal effect of recorded documents on patent ownership at the time of recordation. The MPEP clearly states:
“The recordation of a document is not a determination of the effect of the document on the chain of title. The determination of what, if any, effect a document has on title will be made by the Office at such times as ownership must be established to permit action to be taken by the purported assignee in connection with a patent or an application.” (MPEP 313)
This means:
- Recordation is primarily for public notice
- The USPTO will evaluate ownership when necessary for specific actions
- Parties should not assume recordation equates to USPTO approval of ownership claims
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure