MPEP § 307 — Issue to Non-Applicant Assignee (Annotated Rules)

§307 Issue to Non-Applicant Assignee

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

This page consolidates and annotates all enforceable requirements under MPEP § 307, 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.

Issue to Non-Applicant Assignee

This section addresses Issue to Non-Applicant Assignee. Primary authority: 35 U.S.C. 152, 37 CFR 3.81, and 37 CFR 3.11. Contains: 5 requirements, 1 prohibition, 1 guidance statement, 5 permissions, and 4 other statements.

Key Rules

Topic

Assignment and Ownership (MPEP Chapter 300)

10 rules
StatutoryPermittedAlways
[mpep-307-9f3ed3fab87851f2c74083c7]
Patent Can Issue to Partial Assignee and Inventor
Note:
A patent may issue in the names of a partial assignee and inventor if they hold the entire right, title, and interest together.
(c) Partial assignees.
  • (1) If one or more assignee, together with one or more inventor, holds the entire right, title, and interest in the application, the patent may issue in the names of the assignee and the inventor.
  • (2) If multiple assignees hold the entire right, title, and interest to the exclusion of all the inventors, the patent may issue in the names of the multiple assignees.
Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)
StatutoryPermittedAlways
[mpep-307-abdab594951ffaf8de168e15]
Patent May Issue to Assignee and Inventor Together
Note:
A patent may issue in the names of an assignee and one or more inventors who hold the entire right, title, and interest in the application.

(c) Partial assignees. (1) If one or more assignee, together with one or more inventor, holds the entire right, title, and interest in the application, the patent may issue in the names of the assignee and the inventor.

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)
StatutoryPermittedAlways
[mpep-307-745236b37980da6bf72c0020]
Patent May Issue to Multiple Assignees Excluding Inventors
Note:
If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, a patent may issue in their names.

(c) Partial assignees.

(2) If multiple assignees hold the entire right, title, and interest to the exclusion of all the inventors, the patent may issue in the names of the multiple assignees.

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)
StatutoryInformativeAlways
[mpep-307-bd55fc923a349229d62c8726]
Assignee Entry on Patent vs Recordation Branch
Note:
The assignee entry on the patent may differ from what is recorded in the Assignment Recordation Branch, but both must be completed as per Office requirements.

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form, PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included. This printing practice will not, however, affect the existing practice of recording assignments with the Office in the Assignment Recordation Branch. The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read “Smith Company.”

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPTAB Contested Case Procedures
StatutoryRecommendedAlways
[mpep-307-34b7c3af7d1057605fc3aa73]
Assignee Entry on PTOL-85B Must Reflect Office Recordation
Note:
The assignee entry on form PTOL-85B should match the assignment data recorded in the Office, even if multiple names are listed.

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form, PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included. This printing practice will not, however, affect the existing practice of recording assignments with the Office in the Assignment Recordation Branch. The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read “Smith Company.”

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-307-865519f1fb352511fe367811]
Primary Assignee Name Printed on Patent
Note:
The primary assignee name as recorded in the Office will be printed on the patent, even if multiple names are listed on the PTOL-85B form.

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form, PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included. This printing practice will not, however, affect the existing practice of recording assignments with the Office in the Assignment Recordation Branch. The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read “Smith Company.”

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-307-8ea230857e53a5c113c188c2]
Patent Assignee Entry Must Be Smith Company
Note:
The assignee entry on the printed patent must read 'Smith Company', even if multiple names are listed on the Fee(s) Transmittal form.

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form, PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included. This printing practice will not, however, affect the existing practice of recording assignments with the Office in the Assignment Recordation Branch. The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read “Smith Company.”

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-307-909d88ca70caa9398b6d267a]
Assignment Information Must Reflect Supplied Data
Note:
The assignment information printed on the patent must be based solely on the data supplied, as it is not updated after issuance.

Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied. Assignment information printed on a patent is not updated after a patent is issued, and may not be reflective of the assignment recorded in the Office subsequent to the issuance of the patent. Detailed assignment information can be found by performing an assignment search on the USPTO website and by inspecting the recorded assignment documents.

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPatent Issue and Publication
StatutoryProhibitedAlways
[mpep-307-d811f762108d32dab12795f8]
Assignment Data Not Updated After Issuance
Note:
The assignment information printed on a patent is based solely on the initial submission and will not be updated after issuance, potentially differing from the recorded assignment in the Office.

Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied. Assignment information printed on a patent is not updated after a patent is issued, and may not be reflective of the assignment recorded in the Office subsequent to the issuance of the patent. Detailed assignment information can be found by performing an assignment search on the USPTO website and by inspecting the recorded assignment documents.

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPatent Issue and Publication
StatutoryPermittedAlways
[mpep-307-a506c37f268be7bab85af013]
Assignment Data Required for Patent Issuance
Note:
Assignee’s name and address must be provided in the Fee(s) Transmittal form PTOL-85B for patent issuance to the correct assignee.

Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied. Assignment information printed on a patent is not updated after a patent is issued, and may not be reflective of the assignment recorded in the Office subsequent to the issuance of the patent. Detailed assignment information can be found by performing an assignment search on the USPTO website and by inspecting the recorded assignment documents.

Jump to MPEP Source · 37 CFR 3.81Assignment and Ownership (MPEP Chapter 300)Fee RequirementsPatent Issue and Publication
Topic

Correction of Applicant's Mistake

4 rules
StatutoryRequiredAlways
[mpep-307-c441036475d5e11ae27ce24c]
Assignment Must Be Recorded Before Patent Issuance to Assignee
Note:
Any request for issuance of an application in the assignee's name after payment of the issue fee must state that the assignment was recorded and include a certificate of correction and fees.

(b) After payment of the issue fee: Any request for 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 state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17 (i) of this chapter.

Jump to MPEP Source · 37 CFR 3.11Correction of Applicant's MistakeProcessing FeesIssue Fees
StatutoryRequiredAlways
[mpep-307-0faf73d48f76b849c883e239]
Request for Issuance to Assignee After Issue Fee Requires Certificate of Correction
Note:
If a request for issuance to an assignee is submitted after the issue fee payment, it must include a certificate of correction and related fees.

If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i). The request under 37 CFR 3.81(b) must state that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of the patent. The Office will issue a certificate of correction to reflect that the patent issued to the assignee provided the requirements of 37 CFR 3.81(b) and 37 CFR 1.323 are complied with.

Jump to MPEP Source · 37 CFR 3.81(b)Correction of Applicant's MistakeProcessing FeesIssue Fees
StatutoryRequiredAlways
[mpep-307-8b8398dfde1251290f199ada]
Request for Issuance to Assignee Must State Assignment Submitted Before Patent Issue
Note:
The request under 37 CFR 3.81(b) must state that the assignment was submitted for recordation as required before the patent issued.

If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i). The request under 37 CFR 3.81(b) must state that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of the patent. The Office will issue a certificate of correction to reflect that the patent issued to the assignee provided the requirements of 37 CFR 3.81(b) and 37 CFR 1.323 are complied with.

Jump to MPEP Source · 37 CFR 3.81(b)Correction of Applicant's MistakeProcessing FeesIssue Fees
StatutoryInformativeAlways
[mpep-307-83780c6339c07eb2756f3faa]
Certificate of Correction for Assignee Patent Issuance
Note:
The Office will issue a certificate to reflect that the patent issued to the assignee complies with the requirements of 37 CFR 3.81(b) and 1.323.

If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i). The request under 37 CFR 3.81(b) must state that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of the patent. The Office will issue a certificate of correction to reflect that the patent issued to the assignee provided the requirements of 37 CFR 3.81(b) and 37 CFR 1.323 are complied with.

Jump to MPEP Source · 37 CFR 3.81(b)Correction of Applicant's MistakeCertificate of CorrectionProcessing Fees
Topic

AIA Effective Dates

3 rules
StatutoryRequiredAlways
[mpep-307-73fe8fac828e12d1f3d20424]
Request for Issuance Must Be Filed by Issue Fee Payment Date
Note:
For a patent to issue to an assignee (excluding the applicant after September 16, 2012), a request must be filed in the Office before the issue fee is paid and indicate prior recorded assignment.

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. Such a request must indicate that the assignment has been previously recorded in the Office. If the assignment has not been previously recorded in the Office, the request must state that the document has been filed for recordation as set forth in 37 CFR 3.11. See 37 CFR 3.81(a). See MPEP § 308 for information regarding issuance of a patent to an assignee who is the applicant in an application filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 3.11AIA Effective DatesAssignee as Applicant SignatureAIA Overview and Effective Dates
StatutoryRequiredAlways
[mpep-307-e212305d95132c45a41c2033]
Request Must Indicate Assignment Recorded
Note:
A request for issuance of a patent to an assignee must indicate that the assignment has been previously recorded in the Office.

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. Such a request must indicate that the assignment has been previously recorded in the Office. If the assignment has not been previously recorded in the Office, the request must state that the document has been filed for recordation as set forth in 37 CFR 3.11. See 37 CFR 3.81(a). See MPEP § 308 for information regarding issuance of a patent to an assignee who is the applicant in an application filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 3.11AIA Effective DatesAssignee as Applicant SignatureAIA Overview and Effective Dates
StatutoryRequiredAlways
[mpep-307-ad616bb0d07029194efee7ba]
Request Must State Assignment Filed for Recordation if Not Previously Recorded
Note:
If an assignment has not been previously recorded in the Office, the request for issuance of a patent must state that the document has been filed for recordation as required by 37 CFR 3.11.

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. Such a request must indicate that the assignment has been previously recorded in the Office. If the assignment has not been previously recorded in the Office, the request must state that the document has been filed for recordation as set forth in 37 CFR 3.11. See 37 CFR 3.81(a). See MPEP § 308 for information regarding issuance of a patent to an assignee who is the applicant in an application filed on or after September 16, 2012.

Jump to MPEP Source · 37 CFR 3.11AIA Effective DatesAssignee as Applicant SignatureAIA Overview and Effective Dates
Topic

Issue Fees

2 rules
StatutoryPermittedAlways
[mpep-307-abbfd076a01b2549831e76b8]
Issue of Patent to Assignee Must Be Requested With Fee Payment
Note:
An application can issue in the assignee's name if a request is submitted with payment of the issue fee, provided the assignment has been recorded in the Office.

(a) With payment of the issue fee: An application may issue in the name of the assignee consistent with the application’s assignment where a request for such issuance is submitted with payment of the issue fee, provided the assignment has been previously recorded in the Office. If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

Jump to MPEP Source · 37 CFR 3.11Issue FeesMaintenance Fee AmountsFee Requirements
StatutoryRequiredAlways
[mpep-307-9a8afd70015cd8b33a8f2e74]
Request Must State Filed for Recordation If Assignment Not Previously Recorded
Note:
If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as per §3.11.

(a) With payment of the issue fee: An application may issue in the name of the assignee consistent with the application’s assignment where a request for such issuance is submitted with payment of the issue fee, provided the assignment has been previously recorded in the Office. If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

Jump to MPEP Source · 37 CFR 3.11Issue FeesMaintenance Fee AmountsFee Requirements
Topic

Fee Requirements

2 rules
StatutoryPermittedAlways
[mpep-307-4f4ae81f266991797ce13de3]
First Appearing Assignee Name Printed on Patent
Note:
The first name listed on the Fee(s) Transmittal form, PTOL-85B, will be printed on the patent even if multiple names are used for the same party.

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form, PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included. This printing practice will not, however, affect the existing practice of recording assignments with the Office in the Assignment Recordation Branch. The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read “Smith Company.”

Jump to MPEP Source · 37 CFR 3.81Fee RequirementsPTAB Contested Case ProceduresAssignment and Ownership (MPEP Chapter 300)
StatutoryInformativeAlways
[mpep-307-510c60b8cd60dcd323d4232e]
Assignee Information Required for Patent Issue
Note:
The patent will issue to the applicant unless the assignee’s name and address are provided in item 3 of the Fee(s) Transmittal form PTOL-85B.

Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied. Assignment information printed on a patent is not updated after a patent is issued, and may not be reflective of the assignment recorded in the Office subsequent to the issuance of the patent. Detailed assignment information can be found by performing an assignment search on the USPTO website and by inspecting the recorded assignment documents.

Jump to MPEP Source · 37 CFR 3.81Fee RequirementsPatent Issue and PublicationAssignment and Ownership (MPEP Chapter 300)
Topic

Patent Application Content

1 rules
StatutoryPermittedAlways
[mpep-307-5afdae8058c8922f25aebbf6]
Patent Granted to Assignee of Record
Note:
A patent is granted to the assignee of the inventor recorded in the Patent and Trademark Office, based on the application and sworn specification submitted by the inventor.

Patents may be granted to the assignee of the inventor of record in the Patent and Trademark Office, upon the application made and the specification sworn to by the inventor, except as otherwise provided in this title.

Jump to MPEP SourcePatent Application Content
Topic

Processing Fees

1 rules
StatutoryRecommendedAlways
[mpep-307-41e741bb1369e7d538e337a7]
Request for Certificate of Correction Must Follow Assignment Recordation
Note:
A request for a certificate of correction due to incomplete or erroneous assignee information can only be granted if an assignment was previously recorded and a request under 37 CFR 3.81(b) has been approved.
A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued. Any such request under 37 CFR 3.81(b) should be directed to the Office of Petitions and should include:
  • (A) the processing fee required by 37 CFR 1.17(i);
  • (B) a request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee;
  • (C) a statement that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the issuance of the patent; and
  • (D) a request for a certificate of correction under 37 CFR 1.323 accompanied by the fee set forth in 37 CFR 1.20(a).
Jump to MPEP Source · 37 CFR 1.323Processing FeesPost-Issuance & Maintenance FeesFee Requirements
Topic

Post-Issuance & Maintenance Fees

1 rules
StatutoryInformativeAlways
[mpep-307-eb8ed7b60493c5556f33c487]
Request for Certificate of Correction Requires Fee
Note:
A request for a certificate of correction under 37 CFR 1.323 must be accompanied by the fee set forth in 37 CFR 1.20(a) when correcting incomplete or erroneous assignee information.

A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued. Any such request under 37 CFR 3.81(b) should be directed to the Office of Petitions and should include:

(D) a request for a certificate of correction under 37 CFR 1.323 accompanied by the fee set forth in 37 CFR 1.20(a).

Jump to MPEP Source · 37 CFR 1.323Post-Issuance & Maintenance FeesFee RequirementsRecordable Documents (37 CFR 3.11)

Citations

Primary topicCitation
Correction of Applicant's Mistake37 CFR § 1.17
Correction of Applicant's Mistake
Processing Fees
37 CFR § 1.17(i)
Correction of Applicant's Mistake
Post-Issuance & Maintenance Fees
Processing Fees
37 CFR § 1.20(a)
Correction of Applicant's Mistake
Post-Issuance & Maintenance Fees
Processing Fees
37 CFR § 1.323
AIA Effective Dates
Correction of Applicant's Mistake
Issue Fees
Post-Issuance & Maintenance Fees
Processing Fees
37 CFR § 3.11
AIA Effective Dates37 CFR § 3.81(a)
Correction of Applicant's Mistake
Post-Issuance & Maintenance Fees
Processing Fees
37 CFR § 3.81(b)
Post-Issuance & Maintenance Fees
Processing Fees
MPEP § 1481
AIA Effective DatesMPEP § 308

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