35 U.S.C. § 261
Ownership; assignment
United States · Title 35 — PATENTS · Status: effective
Cite this
- Citation
- 35 U.S.C. § 261, Ownership; assignment, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/470888
- Permanent ID
ys:prov:470888@1- SHA-256
5dfcb04d2a2416b304301e706a80e8e90e957bd3331c109756234983713e0924
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full 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
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- A bill to amend the Trademark Act of 1946 and title 35 of the United States Code to change the name of the Patent Office to the "Patent and Trademark Office".House: no recorded tallySenate: no recorded tally
- A bill to authorize appropriations to the Patent and Trademark Office in the Department of Commerce, and for other purposes.House: no recorded tallySenate: no recorded tally
- Patent Law Treaties Implementation Act of 2012House: no recorded tallySenate: no recorded tally