What is required for the first buyer to claim ownership when two buyers purchase the same invention?

To claim ownership effectively when two buyers have purchased the same invention, the first buyer must record an assignment within 3 months. This requirement stems from the provisions outlined in the patent laws which emphasize the importance of timely recording of assignment documents to establish priority in ownership claims. Recording within this timeframe ensures that the Patent and Trademark Office (PTO) and others can recognize the first buyer as the rightful owner, thereby protecting their interests against subsequent purchasers.

Failure to record within the specified timeframe can result in the first buyer losing their priority claim if a later buyer records their assignment first, regardless of when agreements were made. The law was designed to create a clear and reliable system for establishing ownership rights based on the public record.

While having a written agreement with the seller is a necessary step in the purchase process, it does not, by itself, guarantee ownership unless it is recorded in the appropriate timeframe. This highlights the critical role of both the agreement and the follow-up action of recording in the context of patent ownership.