§ 261. — Ownership; assignment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC261]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 26--OWNERSHIP AND ASSIGNMENT
Sec. 261. Ownership; assignment
Subject to the provisions of this title, patents shall have the
attributes of personal property.
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 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.
(July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 97-247, Sec. 14(b), Aug. 27, 1982, 96 Stat.
321.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 47 (R.S. 4898, amended (1)
Mar. 3, 1897, ch. 391, Sec. 5, 29 Stat. 93, (2) Feb. 18, 1922, ch. 58,
Sec. 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.
Amendments
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''.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective Aug. 27, 1982, 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 Jan. 2, 1975, see section 4 of
Pub. L. 93-596, set out as a note under section 1111 of Title 15,
Commerce and Trade.
