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Ownership of intellectual property, including patents , copyrights , and trademarks , may be assigned, but special conditions attach to the assignment of patents and trademarks. In the United States , assignment of a patent is governed by statute , 35 . § 261 . Patent rights are assignable by an "instrument in writing." Title in a patent can also be transferred as a result of other financial transactions, such as a merger or a takeover , or as a result of operation of law, such as in an inheritance process, or in a bankruptcy . An assignment of a patent can be recorded with the United States Patent and Trademark Office . Although such recording is not required, if an assignment is not recorded at the USPTO within three (3) months or prior to a subsequent assignment, the assignment will be void against a subsequent assignee without notice of the earlier, unrecorded assignment.