The holder of a security interest in a patent is often faced with the question of where to record its security interest in order to “perfect” it. Yet the law on how to perfect a security interest in a patent remains uncertain even today.
Covering All the Bases: How and Where to Perfect Security Interests in Patents
The holder of a security interest in a patent is often faced with the question of where to record its security interest in order to "perfect" it. Yet the law on how to perfect a security interest in a patent remains uncertain even today. While it is generally accepted that patent lien creditors should record their security interest in accordance with Article 9 of the Uniform Commercial Code ("UCC") of the appropriate jurisdiction to perfect and obtain priority over subsequent lien creditors, it remains unclear as to whether UCC perfection alone, or even both UCC perfection and recordation with the Patent and Trademark Office ("PTO"), gives patent lien creditors priority over subsequent assignees of the patent itself.
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Michael R. GraifThis premium content is locked for LawJournalNewsletters subscribers only
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