What is the effect of recording a document at the USPTO?

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.

Recording a document at the USPTO has the following effects:

  • It does not determine the validity of the document or its effect on title.
  • The Office may determine a document’s effect when necessary for Office proceedings.
  • Conditional assignments are treated as absolute assignments until canceled.
  • Recording provides protection against subsequent purchasers without notice.

37 CFR 3.54 states: The recording of a document pursuant to §3.11 is not a determination by the Office of the validity of the document or the effect that document has on the title to an application, a patent, or a registration.

Additionally, according to 35 U.S.C. 261, timely recording at the USPTO is crucial for maintaining superiority of rights against subsequent purchasers.

For more information on document recording, visit: document recording.

For more information on patent assignment, visit: patent assignment.

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

Topics: MPEP 300 - Ownership and Assignment MPEP 317 - Handling of Documents in the Assignment Division Patent Law Patent Procedure
Tags: Certificate General