What happens if I don’t record an assignment with the USPTO?

What happens if I don’t record an assignment with the USPTO?

Failing to record an assignment with the USPTO can have significant legal implications. According to MPEP 302:

“An assignment, grant, or conveyance of a patent or application shall be void as against any subsequent purchaser or mortgagee for valuable consideration, without notice, unless it is recorded in the USPTO within three months from its date or prior to the date of such subsequent purchase or mortgage.”

This means that if you don’t record your assignment:

• Your ownership rights may not be enforceable against subsequent purchasers or mortgagees who were unaware of the unrecorded assignment.
• You may face difficulties in proving ownership in legal proceedings or licensing negotiations.
• It could complicate future transfers or financial transactions involving the patent or application.

To protect your interests, it’s crucial to record assignments promptly with the USPTO, ideally within three months of the assignment date or before any subsequent transactions occur.

For more information on legal implications, visit: legal implications.

For more information on USPTO procedures, visit: USPTO procedures.