How can an assignee establish the right to take action in a pre-AIA application?

How can an assignee establish the right to take action in a pre-AIA application?

For pre-AIA applications (filed before September 16, 2012), an assignee can establish the right to take action by:

1. Filing papers in the USPTO demonstrating the chain of title from the inventor to the assignee, or
2. Specifying in the papers requesting or taking action that action is being taken pursuant to a specific 37 CFR provision.

According to MPEP 324: “The assignee must establish its ownership of the property to the satisfaction of the Director. The chain of title from the inventor to the assignee must be clearly established.” This typically involves submitting assignment documents or other evidence of ownership to the USPTO.

For more information on assignee rights, visit: assignee rights.

For more information on pre-AIA, visit: pre-AIA.

For more information on USPTO procedures, visit: USPTO procedures.