What is the process for changing the applicant in a U.S. National Stage Application?
To change the applicant in a U.S. National Stage Application after an original applicant has been specified, the following steps must be taken:
- Submit an Application Data Sheet (ADS) under 37 CFR 1.76
- Specify the new applicant in the applicant information section (37 CFR 1.76(b)(7))
- Ensure the ADS complies with 37 CFR 1.76(c)(2)
- Comply with 37 CFR 3.71 and 37 CFR 3.73
The MPEP states: “Any request to change the applicant under this section after an original applicant has been specified must include an application data sheet under § 1.76 specifying the applicant in the applicant information section (§ 1.76(b)(7)) in accordance with § 1.76(c)(2) and comply with §§ 3.71 and 3.73 of this title.” (See MPEP 1893.01(b))
Additionally, the MPEP notes: “A request to change the applicant under 37 CFR 1.46(c)(2) must include an ADS specifying the corrected applicant and a statement under 37 CFR 3.73. The 37 CFR 3.73 statement must be furnished before or concurrently with the ADS specifying the corrected applicant.“
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