How is patent ownership transferred?
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.
Patent ownership can be transferred through an assignment. According to 35 U.S.C. 261, assignments of patent applications, patents, or any interest therein must be in writing. The MPEP defines an assignment as:
‘a transfer by a party of all or part of its right, title and interest in a patent [or] patent application….’
An assignment transfers the entire ownership interest or a percentage of that interest in the patent or application. It must include the entirety of the bundle of rights associated with the ownership interest.
Topics:
MPEP 300 - Ownership and Assignment
MPEP 301-Ownership/Assignability of Patents and Applications
Patent Law
Patent Procedure