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

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 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: Assignment Definitions, Assignment Ownership, Constructive Notice, Fees, Licenses Security Interests