Title 35 — Patents
Part III · Chapter 26 — Ownership and Assignment
§ 261. Ownership; assignment
Statutory text
Subject to the provisions of this title, patents shall have the attributes of personal property. The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.
Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States.
A certificate of acknowledgment under the hand and official seal of a person authorized to administer oaths within the United States, or, in a foreign country, of a diplomatic or consular officer of the United States or an officer authorized to administer oaths whose authority is proved by a certificate of a diplomatic or consular officer of the United States, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States, shall be prima facie evidence of the execution of an assignment, grant or conveyance of a patent or application for patent.
An interest that constitutes an assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent and Trademark Office within three months from its date or prior to the date of such subsequent purchase or mortgage.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
July 19, 1952, ch. 950, 66 Stat. 810 · 66 Stat. 810
Enacted · 35 U.S.C. § 261
July 19, 1952, ch. 950, 66 Stat. 810
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 810Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 35 U.S.C. § 261
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”
Source evidence
Code amendment note
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.Enacted provision · exact public law section
Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.Pub. L. 97–247 § 14(b) · 96 Stat. 317
Inserted · 35 U.S.C. § 261
Pub. L. 97–247 inserted “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”
Source evidence
Code amendment note
Pub. L. 97–247 inserted “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”.Enacted provision · exact public law section
(b) Section 261 of title 35, United States Code, is amended, in the third paragraph, by inserting the following immediately after the phrase “United States”, third occurrence: “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”.Patent Law Treaties Implementation Act of 2012
Pub. L. 112–211 title II § 201(d) · 126 Stat. 1527
Inserted · 35 U.S.C. § 261
Pub. L. 112–211 inserted “The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.” at end of first par.
Substituted · 35 U.S.C. § 261
Pub. L. 112–211 substituted “An interest that constitutes an assignment” for “An assignment” in fourth par
Source evidence
Code amendment note
Pub. L. 112–211 inserted “The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.” at end of first par. and substituted “An interest that constitutes an assignment” for “An assignment” in fourth par.Enacted provision · exact public law section
(d) Recordation of Ownership Interests.— Section 261 of title 35, United States Code, is amended— (1) in the first undesignated paragraph by adding at the end the following: “The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.”; and (2) in the fourth undesignated paragraph by striking “An assignment” and inserting “An interest that constitutes an assignment”.Effective date note
Amendment by Pub. L. 112–211 effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 47 (R.S. 4898, amended (1) Mar. 3, 1897, ch. 391, § 5, 29 Stat. 93 [29 Stat. 693], (2) Feb. 18, 1922, ch. 58, § 6, 42 Stat. 391, (3) Aug. 18, 1941, ch. 370, 55 Stat. 634).
The first paragraph is new but is declaratory only. The second paragraph is the same as in the corresponding section of existing statute. The third paragraph is from the existing statute, a specific reference to another statute is omitted. The fourth paragraph is the same as the existing statute but language has been changed.
Editorial Notes
Amendments1975–2012 · 3 rounds
2012
Pub. L. 112–211 inserted “The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor.” at end of first par. and substituted “An interest that constitutes an assignment” for “An assignment” in fourth par.
1982
Pub. L. 97–247 inserted “, or apostille of an official designated by a foreign country which, by treaty or convention, accords like effect to apostilles of designated officials in the United States”.
1975
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–211 effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 of Pub. L. 112–211, set out as an Effective Date note under section 27 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–247 effective , see section 17(a) of Pub. L. 97–247, set out as a note under section 41 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Credits
1952–2012 · 4 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 810
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
- 1982Pub. L. 97–247, § 14(b), , 96 Stat. 321
- 2012Pub. L. 112–211, title II, § 201(d), , 126 Stat. 1535.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 93–596, § 1, , 88 Stat. 1949; Pub. L. 97–247, § 14(b), , 96 Stat. 321; Pub. L. 112–211, title II, § 201(d), , 126 Stat. 1535.)