What is the significance of recording patent assignments 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 patent assignments at the United States Patent and Trademark Office (USPTO) is crucial for several reasons:

  • Legal Protection: It provides legal protection against subsequent purchasers or mortgagees.
  • Official Recognition: The USPTO recognizes the assignee for all matters before the Office.
  • Public Notice: It serves as public notice of the assignment.

According to MPEP 301:

An assignment relating to a patent must be recorded in the Patent and Trademark Office within 3 months from its date or prior to the date of a subsequent purchase or mortgage, in order to be effective against a subsequent purchaser or mortgagee.

Recording assignments promptly is essential to ensure full legal protection and recognition of ownership rights.

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

For more information on USPTO, visit: USPTO.

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