This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, a patent can be issued to an assignee even if the assignment is not recorded, provided certain conditions are met:
- The request for issuance of the patent to the assignee must be made under 37 CFR 3.81(b).
- The request must be submitted no later than the date the issue fee is paid.
- The request must include clear evidence of the assignment.
According to MPEP 307: “An assignee who otherwise shows sufficient proprietary interest in the matter may also be entitled to such a patent.” This means that even without a recorded assignment, an assignee can still have the patent issued to them if they can demonstrate their proprietary interest.
For more information on assignee rights, visit: assignee rights.
For more information on patent issuance, visit: patent issuance.
For more information on proprietary interest, visit: proprietary interest.