Transferring Ownership / Assignments
If I have a question about filing an assignment document, where can I get help?
Are title searches conducted by the PTO prior to recordation?
No. All documents that meet the minimum requirement in 37 CFR 3 are processed and recorded. Persons buying or selling properties should be sure that there is an accurate chain of title in place before submitting recordation requests.
Must the USPTO cover sheet forms (PTO-1594 Trademarks or PTO-1595 Patents) be used when submitting recordation requests in paper?
No, these forms are not mandatory. However, the USPTO strongly encourages their use. Completing the forms in their entirety ensures that all the required information for recordation has been sent to the office. The forms are available in PDF-fillable format on the USPTO Forms page , thus making them quick and easy to prepare.
When these forms are received in the USPTO, they are scanned along with the supporting documentation. The bibliographic data from the cover sheet is then entered into the PTAS system and the documents are processed.
How do I pay to have an assignment recorded?
Payment may be made by use of a check, credit card, money order or USPTO deposit account if submitting documents in paper. Trademark assignments submitted electronically may be paid by credit card, USPTO deposit account or electronic fund transfer (EFT). The USPTO accepts VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER credit cards.
>> see How to Pay Fees for a current fee schedule and for more about fee payments
What are the requirements for recordation (37 CFR 3)?
Essentially the rules:
(1) specify the minimum information about the transaction that must be submitted;
(2) require submitters to submit this information of a separate cover sheet; and
(3) specify that submissions must be legible and of such quality to permit processing; and
(4) pay the proper recording fee.
The rules permit submission of true copies of assignment-related documents; original documents are not required nor desired, as they will not be returned.
What USPTO office records assignment and other documents affecting title?
The Assignment Recordation Branch in the Public Records Division processes and records assignment documents for both patent and trademark properties.