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 main difference between recording a license and an assignment at the USPTO lies in the transfer of ownership rights:
- Assignment: Transfers ownership of the patent or application to another party.
- License: Grants permission to use the patent or application without transferring ownership.
According to MPEP 313: Other documents relating to interests in patents or applications will be recorded as provided in 37 CFR 3.11(a).
This includes licenses, which are recorded to provide notice of the agreement but do not change the ownership records at the USPTO.
Topics:
MPEP 300 – Ownership and Assignment
Patent Law
Patent Procedure