What happens to a patent if it's granted to a second buyer before the first buyer's assignment is recorded?

When a patent is granted and subsequently assigned, the assignment must be recorded with the United States Patent and Trademark Office (USPTO) for it to be effective against subsequent purchasers. However, in this scenario, if the second buyer acquires the patent before the first buyer's assignment is recorded, the second buyer will gain title to the patent. This is because under U.S. patent law, the first to record an assignment holds the rights to the patent against subsequent purchasers, but if the second buyer acquires rights without knowledge of the prior assignment and records their own transaction first, they may claim ownership.

The situation emphasizes the importance of recording assignments and the "first to record" principle in patent law, which protects the rights of subsequent buyers. Therefore, while the first buyer initially has ownership rights, the legal possibility of the second buyer gaining title highlights the need for diligence in recording assignments promptly to avoid disputes over patent ownership.