How does an assignee establish the right to take action in a patent application filed before September 16, 2012?

To establish the right to take action in a patent application filed before September 16, 2012, an assignee must meet the following requirements:

• The assignee must be of the entire right, title, and interest in the application.
• A proper documentary evidence of chain of title from the original owner to the assignee must be submitted.
• The evidence must be recorded in the United States Patent and Trademark Office (USPTO) no later than the date of payment of the issue fee.

As stated in MPEP 324: The establishment of ownership by the assignee must be submitted prior to, or at the same time as, the paper requesting or taking action is submitted.

It’s important to note that these requirements are specific to applications filed before September 16, 2012. Different rules may apply for applications filed on or after this date.

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 USPTO, visit: USPTO.