What happens if a patent assignment is not recorded with the USPTO?

What happens if a patent assignment is not recorded with the USPTO?

Failing to record a patent assignment with the USPTO can have significant consequences:

• Lack of Constructive Notice: Third parties may not be aware of the ownership transfer.
• Potential Legal Issues: It may affect the assignee’s ability to enforce the patent or recover damages in infringement cases.
• Validity of Subsequent Transfers: As stated in MPEP 302, ‘An assignment recorded in the Office is regarded as valid, for purposes of recording, unless overcome by a showing that such assignment was fraudulently procured or is otherwise invalid.’

While recording is not mandatory for the assignment to be valid between the parties involved, it is highly recommended to protect the assignee’s rights and provide public notice of the ownership change.

For more information on USPTO, visit: USPTO.