(a) Assignments of applications, patents, and registrations, and other documents relating to interests in patent applications and patents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, will be recorded in the Office. Other documents, accompanied by completed cover sheets as specified in § 3.28 and § 3.31, affecting title to applications, patents, or registrations, will be recorded as provided in this part or at the discretion of the Director.
(b) Executive Order 9424 of February 18, 1944 (9 FR 1959, 3 CFR 1943-1948 Comp., p. 303) requires the several departments and other executive agencies of the Government, including Government-owned or Government-controlled corporations, to forward promptly to the Director for recording all licenses, assignments, or other interests of the Government in or under patents or patent applications. Assignments and other documents affecting title to patents or patent applications and documents not affecting title to patents or patent applications required by Executive Order 9424 to be filed will be recorded as provided in this part.
(c) A joint research agreement or an excerpt of a joint research agreement will also be recorded as provided in this part.
[62 FR 53202, Oct. 10, 1997, as amended at 70 FR 1824, Jan. 11, 2005; 70 FR 54267, Sept. 14, 2005; 78 FR 62408, Oct. 21, 2013]
Notes of Decisions
Kaempe, Staffan v. Myers, George, 367 F.3d 958 (D.C. Cir. 2004).
“See 37 C.F.R. § 3.11 (a) (2003); MPEP § 313. However, recordation is a purely ministerial act and does not reflect any determination as to the validity of the document filed or its effect, if any, on the title to a patent or patent application.”
Moldo v. Matsco, Inc. (In Re Cybernetic Servs., Inc.), 239 B.R. 917 (9th Cir. BAP 1999).
· cites it 3× “It is clear from the Patent Manual that the Patent Office does not consider a security interest or lien to be an "assignment” subject to the mandatory recording provision of 37 C.F.R. 3.11. The recording of “assignment” documents is governed by section 302 of the Patent Manual.”
— 37 C.F.R. § 3.11(a) — 1 case
Moldo v. Matsco, Inc. (In Re Cybernetic Servs., Inc.), 239 B.R. 917 (9th Cir. BAP 1999).
“It is clear from the Patent Manual that the Patent Office does not consider a security interest or lien to be an "assignment” subject to the mandatory recording provision of 37 C.F.R. 3.11. The recording of “assignment” documents is governed by section 302 of the Patent Manual.”
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