Chapter 37 - § 37.8 • SECURITY INTERESTS

• Jurisdiction: Colorado

§ 37.8 • SECURITY INTERESTS

Whether security interests in patents should be recorded with a state or with the USPTO is currently an unsettled area of the law. The USPTO accepts documents for the recording of security interests in patents.⁷⁶ However, the USPTO does not require that they be recorded there.⁷⁷ In addition, in considering the adoption of the Uniform Commercial Code into California's code, the Ninth Circuit determined that it was sufficient to record security interests in patents with the State of California rather than the USPTO.⁷⁸ The safest course of action in view of this unsettled area of law is to record the security interest in the patent with both the USPTO and the proper state authority.

Practice Pointer
A belt-and-suspenders approach is still the safest course of action for recording security interests in patents: it is best to record a security interest with both the USPTO and the appropriate state authority.

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Notes:

^[76] See U.S. Department of Commerce, U.S. Patent and Trademark Office, "Recording of Licenses, Security Interests, and Other Documents Other Than Assignments," in Manual of Patent Examining Procedure § 313, at 300-17 (Original 8th Ed., Aug. 2005).

^[77] Id.

^[78] See In re Cybernetic Servs.,...