What is considered proper documentary evidence for establishing assignee rights in pre-AIA patent applications?

For patent applications filed before September 16, 2012 (pre-AIA), proper documentary evidence for establishing assignee rights typically includes:

• An assignment document recorded in the USPTO
• A statement under 37 CFR 3.73(b) signed by a party authorized to act on behalf of the assignee

According to MPEP 324: The submission establishing ownership must show that the person signing the submission is a person authorized to act on behalf of the assignee by:

1. (A) Including a statement that the person signing the submission is authorized to act on behalf of the assignee; or
2. (B) Being signed by a person having apparent authority to sign on behalf of the assignee, e.g., an officer of the assignee.

It’s crucial that the documentary evidence clearly shows the chain of title from the original owner to the current assignee. This ensures that the USPTO can verify the assignee’s right to take action in the application.

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

For more information on chain of title, visit: chain of title.

For more information on documentary evidence, visit: documentary evidence.

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