What happens if an assignee requests issuance of a patent to themselves?
What happens if an assignee requests issuance of a patent to themselves?
When an assignee requests issuance of a patent to themselves, the following process occurs:
- The assignee must file a request for issuance of the patent to the assignee under 37 CFR 3.81(b).
- This request must be submitted no later than the date the issue fee is paid.
- If the request is not filed by this deadline, the patent will be issued to the applicant(s) named in the application file.
As stated in MPEP 307: “If the assignment is submitted for recording after the date of payment of the issue fee, but prior to issuance of the patent, the assignment will be recorded but the patent will issue to the name of the inventor.”
For more information on issue fee, visit: issue fee.
For more information on patent assignment, visit: patent assignment.
For more information on patent issuance, visit: patent issuance.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 307 - Issue to Non - Applicant Assignee,
Patent Law,
Patent Procedure