What happens if an assignee’s ownership changes during patent prosecution?
If an assignee’s ownership changes during patent prosecution, it’s crucial to update the USPTO records. As per MPEP 325:
“A new statement under 37 CFR 3.73(c) is required to be filed when ownership changes to another assignee.”
This means that:
- The new assignee must file a new 37 CFR 3.73(c) statement.
- The new statement must establish the new assignee’s ownership.
- Until the new statement is filed, the previous assignee remains the party of record.
It’s important to keep ownership records up-to-date to ensure that the correct party has the right to take action in the application.
For more information on patent prosecution, visit: patent prosecution.
For more information on USPTO records, visit: USPTO records.
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure