For SBA lenders
Short answer
For intellectual property like trademarks and patents, the lender perfects its security interest by filing a Uniform Commercial Code (UCC) financing statement and also, if applicable, by recording the security interest with the U.S. Patent and Trademark Office (USPTO).
While a UCC filing is generally sufficient for most personal property, federal law governs the perfection of security interests in certain types of intellectual property. Recording with the USPTO for patents and trademarks provides additional protection and ensures priority against subsequent federal filings, crucial for an enforceable first lien.
A software company receives a $1 million 7(a) loan. Its primary assets are proprietary software (copyrights) and a registered trademark. The lender files a UCC-1 statement in the appropriate state and records a security agreement assignment with the USPTO for the trademark.
13 CFR Part 120 — Business Loans
Office of the Federal Register · Federal regulation
SOP 50 10 - Lender and Development Company Loan Programs
Standard 7(a) Authorization File Library
Last checked 2026-06-13. Official sources control — verify before relying on any rule for a live deal.
Last reviewed 2026-06-13 · SBA sources checked through 2026-06-13. DealRoom analysis of public SBA 7(a) lending records (FY2020–present). Grounded in the current SBA rulebook; verify against the official sources above before relying on it for a live deal. Not legal, tax, or financial advice, and not an approval decision.
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