§ 1.12 Assignment records open to public inspection.
- Separate assignment records are maintained in the United States Patent and
Trademark Office for patents and trademarks. The assignment records, relating
to original or reissue patents, including digests and indexes (for assignments
recorded on or after May 1, 1957), published patent applications, and
assignment records relating to pending or abandoned trademark applications and
to trademark registrations (for assignments recorded on or after January 1,
1955), are open to public inspection at the United States Patent and Trademark
Office, and copies of those assignment records may be obtained upon request and
payment of the fee set forth in § 1.19 and § 2.6 of this chapter.
- All records of assignments of patents recorded before May 1, 1957, and all
records of trade-mark assignments recorded before January 1, 1955, are
maintained by the National Archives and Records Administration (NARA). The
records are open to public inspection. Certified and uncertified copies of
those assignment records are provided by NARA upon request and payment of the
fees required by NARA.
- (b) Assignment records, digests, and indexes relating to any pending or
abandoned patent application which has not been published under 35 U.S.C.
122(b) are not available to the public. Copies of any such assignment records
and related information shall be obtainable only upon written authority of the
applicant or applicants assignee or attorney or agent or upon a showing
that the person seeking such information is a bona fide prospective or actual
purchaser, mortgagee, or licensee of such application, unless it shall be
necessary to the proper conduct of business before the Office or as provided in
- (c) Any request by a member of the public seeking copies of any assignment
records of any pending or abandoned patent application preserved in confidence
under § 1.14, or any information with respect thereto, must:
- Be in the form of a petition including the fee set forth in § 1.17
- Include written authority granting access to the member of the public to
the particular assignment records from the applicant or applicants
assignee or attorney or agent of record.
- (d) An order for a copy of an assignment or other document should identify
the reel and frame number where the assignment or document is recorded. If a
document is identified without specifying its correct reel and frame, an extra
charge as set forth in § 1.21(j) will be made for the time consumed in
making a search for such assignment.