How can an assignee become the applicant for a patent application?

An assignee can become the applicant for a patent application by following these steps:

  1. File the application under 37 CFR 1.46
  2. Include an application data sheet (ADS) under 37 CFR 1.76 specifying the assignee as the applicant in the applicant information section
  3. Record documentary evidence of ownership (e.g., assignment) as provided in 37 CFR part 3 no later than the date the issue fee is paid

The MPEP states: If the applicant is the assignee or person to whom the inventor is under an obligation to assign the invention, the documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for an obligated assignee) should be recorded as provided for in 37 CFR part 3 no later than the date the issue fee is paid.

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Topics: Patent Law, Patent Procedure
Tags: application data sheet, Assignee, documentary evidence, patent applicant