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.