When you assign (transfer ownership of) a patent or patent application, the assignment must be recorded at the USPTO to be effective against subsequent purchasers. An unrecorded assignment creates chain-of-title defects that can jeopardise enforcement, licensing, and sale of the patent.

What You Need

A signed assignment document containing: the names of the assignor (seller/transferor) and assignee (buyer/recipient), identification of the patent or application (patent number or application number), a clear statement of the rights being transferred, the consideration (what the assignee is paying), signatures of the assignor(s), and the date.

Use the iInvent Patent Assignment Agreement template as a starting point.

How to Record

  1. Go to epas.uspto.gov (Electronic Patent Assignment System)
  2. Create an account or log in
  3. Upload the signed assignment document (PDF)
  4. Enter the patent or application number(s) covered
  5. Enter the names and addresses of the assignor and assignee
  6. Pay the recording fee ($0 for electronic recording in most cases)
  7. Submit

The USPTO records the assignment and issues a reel/frame number confirming the recording. The assignment appears in the public Assignment database (assignment.uspto.gov) within 1–2 weeks.

For International Patents

Record the assignment separately at each national patent office where the patent is granted or pending. The EPO, CNIPA, JPO, KIPO, UKIPO, and other offices each have their own assignment recording procedures and forms.

Sources

  1. USPTO — Assignment Center — Official portal for recording patent assignments with the USPTO
  2. MPEP § 301-302 — Recording of Assignments — Procedures and requirements for recording patent assignments
  3. 35 U.S.C. § 261 — Ownership and Assignment — Statutory basis for patent ownership transfers
  4. USPTO — Electronic Patent Assignment System (EPAS) — Online system for submitting patent assignment documents

This article is part of the iInvent Encyclopedia — the world's most comprehensive knowledge base for inventors. It is intended for educational purposes and does not constitute legal advice. For guidance specific to your situation, consult a qualified patent attorney.

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