How is ownership established when there are multiple assignees for a patent application?

When there are multiple assignees for a patent application, patent, or reexamination proceeding, each partial assignee must provide a submission under pre-AIA 37 CFR 3.73(b) to take action before the USPTO. The process is as follows:

1. Each partial assignee must submit their own pre-AIA 37 CFR 3.73(b) statement.
2. In each submission, the extent of the assignee’s ownership interest must be clearly stated.
3. The USPTO needs to determine if it has obtained action by all of the right, title, and interest holders (owners).
4. If the extent of ownership is not clearly set forth, the USPTO may refuse to accept the submission.

This is outlined in MPEP 324, section VIII, which states:

“When an assignee seeks to take action in a matter before the Office with respect to a patent application, patent, or reexamination proceeding and the right, title, and interest therein is held by more than one assignee, each partial assignee must provide a submission under pre-AIA 37 CFR 3.73(b). In each submission, the extent of each assignee’s interest must be set forth so that the Office can determine whether it has obtained action by the entirety of the right, title and interest holders (owners).”

The MPEP further notes: “If the extent of the partial assignee’s ownership interest is not set forth in the submission under pre-AIA 37 CFR 3.73(b), the Office may refuse to accept the submission as an establishment of ownership interest.”