What is the purpose of recording an assignment with the USPTO?

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 an assignment with the USPTO serves several important purposes:

• Constructive notice: It provides constructive notice to the public of the assignment.
• Prima facie evidence: The recording acts as prima facie evidence of the execution of the assignment.
• Legal protection: It protects against subsequent purchasers without notice.
• Maintaining chain of title: It helps maintain a clear chain of title for the patent or application.

As stated in MPEP 302: “The recording of an assignment document in the USPTO is governed by statute. The statutory provision is 35 U.S.C. 261.”

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

For more information on USPTO, visit: USPTO.