How do I record a government interest in a patent?

Recording a government interest in a patent requires special procedures:

1. Prepare the document establishing the government interest
2. Complete a patent cover sheet, indicating it relates to a government interest
3. Submit the document and cover sheet to the USPTO

As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”

Key points for government interest recordations:

• No fee is required if the document doesn’t affect title and is properly identified
• These documents are recorded in a special Departmental Register
• Some government documents may be recorded in a Secret Register with restricted access

Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.

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