Recording of Assignments

The Office records assignments, grants, and similar instruments sent to

it for recording, and the recording serves as notice. If an assignment,

grant, or conveyance of a patent or an interest in a patent (or an

application for patent) is not recorded in the Office within three

months from its date, it is void against a subsequent purchaser for a

valuable consideration without notice, unless it is recorded prior to

the subsequent purchase.

An instrument relating to a patent should identify the patent by number

and date (the name of the inventor and title of the invention as stated

in the patent should also be given). An instrument relating to an

application should identify the application by its application number

and date of filing, the name of the inventor, and title of the invention

as stated in the application should also be given. Sometimes an

assignment of an application is executed at the same time that the

application is prepared and before it has been filed in the Office. Such

assignment should adequately identify the application, as by its date of

execution and name of the inventor and title of the invention, so that

there can be no mistake as to the application intended.

If an application has been assigned and the assignment is recorded, on

or before the date the issue fee is paid, the patent will be issued to

the assignee as owner. If the assignment is of a part interest only, the

patent will be issued to the inventor and assignee as joint owners.

Patents and How to Get One: A Practical Handbook · 第 35 / 44 题