What is the effect of recording a patent assignment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 patent assignment with the USPTO has specific legal effects. The MPEP states: ‘Recordation of the assignment provides legal notice to the public of the assignment.’ However, it’s important to note that: ‘It should be noted that recording of the assignment is merely a ministerial act; it is not an Office determination of the validity of the assignment document or the effect of the assignment document on the ownership of the patent property.’ This means that while recordation provides public notice, it does not guarantee the validity or enforceability of the assignment. The MPEP cites 37 CFR 3.54 and Realvirt, LLC v. Lee, 195 F.Supp.3d 847, 862-3 (E.D. Va. 2016) for this principle. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Recordation of Assignment Provides Public Notice MPEP 301 Recommended Recordation of Assignment Provides Public Notice MPEP 301 Permitted Record of Patents and Applications Required MPEP 301 Required Definitions for Ownership and Assignability of Patents and Applications MPEP 301 Required Two Ways to Record Assignments for Patent Property MPEP 301 Permitted Assignment of Patent Must Be in Writing MPEP 301 Assignment of Patents Must Be in Writing MPEP 301 Required Ownership of Pre-AIA Patents Initially Vests in Named Inventors MPEP 301 Definition of Assignment MPEP 301 Assignment of Patent Rights Permitted MPEP 301 Permitted Other Related FAQs 5 FAQs Collapse What information is available in USPTO patent assignment records? How does the USPTO handle confidential patent assignment information? What is the significance of recording a patent assignment? Are all patent assignment records publicly accessible? What information is avai...