Job and Michael are brothers both living in California. Job, a marginally talented magician, developed a contraption for his “Disappearing Yacht” act. He successfully had the contraption patented. Job also runs a magic school for aspiring magicians, but it has been looking a bit shabby. Michael is considering whether to loan Job the $25,000 needed for renovations. As collateral for the loan, Michael is willing to take a security interest in Job’s patent.

Where should Michael search in order to gain the information necessary to make a decision whether to take a security interest in the patent?

a. The U.S. Patent and Trade Office, because the Patent Act pre-empts any state’s filing laws.

b. California’s Secretary of State, because the Patent Act does not pre-empt Article 9's filing rules.

c. Both (a) and (b), because that is the only way to confirm Job's claim to the patent and that no one else claims a perfected security interest in the patent.

d. Either (a) and (b), because a security interest in a patent could be perfected in either the U.S. Patent and Trade Office or the appropriate state UCC filing office.