How can I make a patent assignment of record with 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.

There are two ways to make a patent assignment of record with the USPTO:

  1. Record the assignment in the USPTO’s assignment records as provided in 37 CFR Part 3. This provides legal notice to the public but does not determine the validity or effect of the assignment.
  2. Make the assignment of record in the file of a patent application, patent, or other patent proceeding. This may be necessary for the assignee to ‘take action’ in the application or proceeding.

For a patent to issue to an assignee, the assignment must be recorded or filed for recordation in accordance with 37 CFR 3.11.

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