Yongae Jun


The state of the law regarding perfection of security interests in patents is uncertain. Attorneys advise their clients to record with both the state and the federal registration systems in order to perfect their security interests. Moreover, the Supreme Court missed its opportunity to clarify the ambiguity when it denied certiorari to Cybernetic Services. This comment will attempt to make sense of this area of the law and formulate an opinion as to what the law should be. Part II of this comment will interpret Section 261 through textual analysis, canons of construction, and legislative history. Part III will explore federal preemption law in the context of perfection of security interests in patents. Part III will also examine the hodgepodge that is the case law regarding perfection of security interests and patent law. Finally, Part IV will look at some policy considerations for resolving the matter.