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Bankruptcy | Case Law | Intellectual Property Rights

INTELLECTUAL PROPERTY RIGHTS

In re Cybernetic Services, Inc., 252 F.3d 1039 (9th Cir. 2001), cert. denied, 534 U.S. 1130 (2002)

“...[A] security interest in a patent that does not involve a transfer of rights of ownership is

a “mere license” and is not an assignment , grant or conveyance” within the meaning of 35 U.S.C.

§ 261. And because § 261 provides that only an “assignment, grant or conveyance shall be void”

as against subsequent purchasers and mortgagees, only transfers of ownership interests need to be

recorded with the PTO.”

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