Does an IP assignment need to be notarized?
The USPTO doesn't require it to record a patent or trademark assignment — but a notarized signature gives you independent proof if the transfer is ever challenged.
No federal law requires a patent or trademark assignment to be notarized before the USPTO will record it — the office accepts a simple signed assignment. Notarization is still commonly recommended, because an acknowledged signature is treated as prima facie evidence the assignment was properly executed, which matters if the assignment, its date, or the signer's authority is ever challenged later.
What the USPTO actually requires
The USPTO records both patent and trademark assignments electronically from a simple signed document — no notarization required for recordation itself. Recording isn't mandatory to make the assignment valid between the parties, but an assignment must be recorded to be effective against a later third party who has no actual knowledge of it.
Why notarize anyway
A notarized acknowledgment is treated as independent, prima facie evidence the assignment was genuinely signed — valuable protection if the signature, the date, or the signer's authority to assign is ever disputed, especially for a valuable patent or trademark portfolio changing hands.
Who signs
- The assignor — the person or company transferring the rights — signs
- If a company is assigning the rights, confirm the signer has authority to do so on the company's behalf
Preparation checklist
- The completed, unsigned assignment document
- One current government-issued photo ID
- The specific patent or trademark application or registration numbers covered
What EMC does not do
I don't draft assignments, advise on IP strategy, or file the recordation with the USPTO — I handle the notarized signing.
I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice.
Frequently asked questions
Does a patent or trademark assignment need to be notarized?
No federal law requires it before the USPTO will record it. Notarization is still commonly recommended for the independent proof it provides if the assignment is ever challenged.
Will the USPTO reject an assignment that isn't notarized?
No. The USPTO records assignments from a simple signed document — notarization isn't a recordation requirement.
Why notarize it then?
A notarized acknowledgment is treated as prima facie evidence the assignment was properly executed — useful protection if the transfer is ever challenged.
Can EMC notarize an IP assignment remotely?
Yes, by RON.
Do you file the assignment with the USPTO?
No. I notarize the signing; recordation with the USPTO is typically handled by the assignee or their attorney.