MPEP § 1481.01 — Correction of Assignees’ Names (Annotated Rules)

§1481.01 Correction of Assignees’ Names

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1481.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Correction of Assignees’ Names

This section addresses Correction of Assignees’ Names. Primary authority: 37 CFR 3.81, 37 CFR 1.46(c), and 37 CFR 3.81(b). Contains: 2 requirements, 1 guidance statement, and 6 other statements.

Key Rules

Topic

Notice of Allowance Form and Content

4 rules
StatutoryRecommendedAlways
[mpep-1481-01-7d68aaa32ea17c2dc20c3fc7]
Assignment Data Required for Notice of Allowance
Note:
Assignee information must be provided on the Fee(s) Transmittal Form portion of the Notice of Allowance to comply with 37 CFR 3.81.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Notice of Allowance Form and ContentMaintenance Fee AmountsNotice of Allowance
StatutoryInformativeAlways
[mpep-1481-01-f731d8eb09a4bf6f45091fe0]
Assignee Must Be Identified on Fee(s) Transmittal Form
Note:
The assignee’s name and address must be specified in item 3 of the PTOL-85B form for the patent to issue to the assignee.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Notice of Allowance Form and ContentMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-1481-01-e3353b6683fd36dd59bd9884]
Assignee Information on PTOL-85B
Note:
Providing assignee information on the PTOL-85B form identifies the assignee in the issued patent but does not change the applicant of record.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Notice of Allowance Form and ContentPatent Issue and PublicationIssue Fees
StatutoryInformativeAlways
[mpep-1481-01-1001b7d7c4ba616ef16f159b]
Assignment Data Must Be on PTOL-85B
Note:
The assignment data printed on the patent must be based solely on the information supplied with the PTOL-85B form at the time of issue fee payment.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Notice of Allowance Form and ContentIssue FeesMaintenance Fee Amounts
Topic

Issue Fees

3 rules
StatutoryRequiredAlways
[mpep-1481-01-bfac49a19772b08b82323087]
Request for Assignee Change Before Issue Fee
Note:
An appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee to reflect an assignee as both the applicant and the assignee when they are not the original applicant.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Issue FeesMaintenance Fee AmountsFee Requirements
StatutoryInformativeAlways
[mpep-1481-01-3d28449e7505b62e203a09c0]
Assignment Data Not Printed After Fee Payment
Note:
Assignment information submitted after the issue fee is paid will not appear on the patent.

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Jump to MPEP Source · 37 CFR 3.81Issue FeesMaintenance Fee AmountsFee Requirements
StatutoryRequiredAlways
[mpep-1481-01-8599a10bb4c83d408fe2c2b7]
Correction of Assignees' Names Must Include Specific Requirements
Note:
Requests to correct assignee names after issue fee payment must include assignment recordation, certificate of correction request, and fees.
Any request for the issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee must:
  • (A) state that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of the patent;
  • (B) include a request for a certificate of correction under 37 CFR 1.323 along with the fee set forth in 37 CFR 1.20(a); and
  • (C) include the processing fee set forth in 37 CFR 1.17(i).
Jump to MPEP SourceIssue FeesMaintenance Fee AmountsFee Requirements
Topic

Processing Fees

1 rules
StatutoryInformativeAlways
[mpep-1481-01-a738b6d1e991059ff5b24f41]
Processing Fee for Assignee Changes
Note:
Any request to change an assignee’s name on a patent application after the issue fee is paid must include the processing fee as specified in 37 CFR 1.17(i).

Any request for the issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee must:

(C) include the processing fee set forth in 37 CFR 1.17(i).

Jump to MPEP SourceProcessing FeesMaintenance Fee AmountsFee Requirements
Topic

Assignment and Ownership (MPEP Chapter 300)

1 rules
StatutoryInformativeAlways
[mpep-1481-01-2d309dafde0aa86c5328a55b]
Requirement for Correcting Assignees’ Names
Note:
This rule requires the correction of assignees' names in patent applications as per the specified requirements.
Jump to MPEP Source · 37 CFR 3.81(b)Assignment and Ownership (MPEP Chapter 300)
Topic

Who May File Reissue

1 rules
StatutoryInformativeAlways
[mpep-1481-01-69280bce9336cf0c687d6286]
Request to Add or Change Assignee Info Must Comply with 37 CFR 3.81(b)
Note:
Requests to add or change assignee information must adhere to the requirements of 37 CFR 3.81(b) and cannot be corrected via certificate of correction if they do not comply.

Request to add or change the assignee information which does not comply with 37 CFR 3.81(b) will not be granted. Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.

Jump to MPEP Source · 37 CFR 3.81(b)Who May File ReissueReissue Ownership and ConsentNot Grounds for Reissue
Topic

Not Grounds for Reissue

1 rules
StatutoryInformativeAlways
[mpep-1481-01-40af7b236c41729967054ec4]
Mistakenly Added Assignee Info Not Correctable via Certificate of Correction
Note:
The rule states that errors in adding assignee information on PTOL-85B forms are not correctable through a certificate of correction.

Request to add or change the assignee information which does not comply with 37 CFR 3.81(b) will not be granted. Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.

Jump to MPEP Source · 37 CFR 3.81(b)Not Grounds for ReissueWho May File ReissueGrounds for Reissue

Citations

Primary topicCitation
Issue Fees
Processing Fees
37 CFR § 1.17(i)
Issue Fees37 CFR § 1.20(a)
Issue Fees37 CFR § 1.323
Issue Fees
Notice of Allowance Form and Content
37 CFR § 1.46(c)
Issue Fees37 CFR § 3.11
Issue Fees
Notice of Allowance Form and Content
37 CFR § 3.81
Assignment and Ownership (MPEP Chapter 300)
Not Grounds for Reissue
Who May File Reissue
37 CFR § 3.81(b)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31