§261 Ownership; Assignment

Summary

Patents and patent applications are treated like personal property. The Patent and Trademark Office keeps a public record of patent-related interests and will record documents when asked, and may charge a fee. Patents, applications, or any part of their rights must be transferred in writing. The owner or their representative can grant an exclusive right under an application or patent for the whole United States or for part of it. A signed certificate from a U.S. official who can administer oaths, from certain U.S. diplomats or consuls abroad, or an approved foreign apostille is accepted as proof that an assignment or transfer was signed. A transfer is not valid against a later buyer or lender who paid value and had no notice unless it is recorded in the Patent and Trademark Office within three months of its date or before that later buyer’s or lender’s transaction.