What is the difference between a patent assignment and a patent license?

The key differences between a patent assignment and a patent license are:

  • Assignment: Transfers all or part of the ownership interest in a patent, including the entire bundle of rights associated with ownership.
  • License: Transfers a bundle of rights that is less than the entire ownership interest. It may be limited in time, geographical area, or field of use.

A license is essentially a contractual agreement that the patent owner will not sue the licensee for patent infringement under certain conditions. Even an exclusive license is not considered an assignment of patent rights.

Topics: MPEP 300 - Ownership and Assignment, MPEP 301-Ownership/Assignability of Patents and Applications, Patent Law, Patent Procedure
Tags: ownership transfer, patent assignment, patent license