Can a request for issuance to an assignee be submitted after the issue fee is paid?
Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:
- The request must state that the assignment was submitted for recordation before patent issuance.
- It must include a request for a certificate of correction under 37 CFR 1.323.
- The appropriate fees must be paid, including the certificate of correction fee and a processing fee.
37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 307 - Issue to Non - Applicant Assignee,
Patent Law,
Patent Procedure