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.
A patent can be issued to an assignee in two main ways:
- Before paying the issue fee: The assignee can submit a request for issuance in their name along with the issue fee payment. The assignment must be previously recorded or stated to have been filed for recordation.
- After paying the issue fee: A request can be submitted after the issue fee payment, but it requires additional steps and fees.
According to MPEP 307, “Normally, for a patent to issue to an assignee (other than an assignee who is the applicant in an application filed on or after September 16, 2012), a request for issuance of the application in the name of the assignee must be filed in the United States Patent and Trademark Office (Office) at a date not later than the day on which the issue fee is paid.”
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.