How does the USPTO treat conditional assignments?

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.

The USPTO treats conditional assignments as absolute assignments for Office purposes. According to 37 CFR 3.56:

“Assignments which are made conditional on the performance of certain acts or events, such as the payment of money or other condition subsequent, if recorded in the Office, are regarded as absolute assignments for Office purposes until canceled with the written consent of all parties or by the decree of a court of competent jurisdiction.”

The USPTO does not determine whether conditions have been fulfilled. Recording a conditional assignment is treated as signifying that the condition has been met.

Topics: MPEP 300 - Ownership and Assignment Patent Law Patent Procedure
Tags: Absolute Assignments, conditional assignments, USPTO policy