35 U.S.C. § 153 — How issued (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 35 U.S.C. § 153, including 23 rules 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.

Summary

This section outlines how patents are formally issued by the United States Patent and Trademark Office, including the requirements for issuing a patent with the official seal and signature of the Director.

What this section covers

Defines the formal process of issuing patents in the name of the United States under the USPTO's seal.

Key obligations

Patents must be issued in the name of the United States under the USPTO's seal.
The Director or their representative must sign the patent.
Compliance with USC authority is required for issuing patents.

Practice notes

Ensure the patent is signed by an authorized official and stamped with the USPTO seal.
Avoid omitting the Director's signature or using an unauthorized official for signing patents.

Patent Must Be Signed and RecordedMPEP 1309Required
Names for Fee Transmittal Form RequiredMPEP 1309
Leave Name Field Blank for No Practitioner NameMPEP 1309Recommended
No Name Listed on Form Means No Name on PatentMPEP 1309
Digital Seal and Signature for Electronic PatentsMPEP 1309
Director’s Digital Seal and Signature Required for Electronic PatentsMPEP 1309Required
Digital Seal Requirement for PatentsMPEP 1309
Digital Signature Embedded Within Patent SealMPEP 1309Permitted
Industrial Design Protection Only Through Patent IssuanceMPEP 2950Required

Patent Must Be Signed and RecordedMPEP 1309Required
Recording of Assignment Required for Patent IssuanceMPEP 1309Required
Request to Change Assignee as ApplicantMPEP 1309Required
Director’s Digital Seal and Signature Required for Electronic PatentsMPEP 1309Required
Industrial Design Protection Only Through Patent IssuanceMPEP 2950Required
Industrial Design Protection Only Upon Patent IssuanceMPEP 2950Required

Assignment Data Must Be Provided on PTOL-85BMPEP 1309Recommended
Assignee Name Must Be Specified on Fee(s) Transmittal FormMPEP 1309
Assignment Data Must Be Supplied on Fee(s) Transmittal FormMPEP 1309
First Appearing Assignee Name Printed on PatentMPEP 1309Permitted
Assignee Entry on PTOL-85B Does Not Affect Patent PrintingMPEP 1309
Assignee Entry on PTOL-85B RequiredMPEP 1309Recommended
Assignee Name on Patent May Differ From PTOL-85BMPEP 1309
Assignee Entry on Patent Will Be Smith CompanyMPEP 1309
Assignee Information on PTOL-85BMPEP 1309
Failure to Send Notification Does Not Confer RightsMPEP 2950
Patent Rights Only Upon Issuance of PatentMPEP 2950

MPEP Section	Rules
MPEP § 1309	Patent Must Be Signed and RecordedMPEP 1309Required Names for Fee Transmittal Form RequiredMPEP 1309 Leave Name Field Blank for No Practitioner NameMPEP 1309Recommended No Name Listed on Form Means No Name on PatentMPEP 1309 Assignment Data Must Be Provided on PTOL-85BMPEP 1309Recommended Assignee Name Must Be Specified on Fee(s) Transmittal FormMPEP 1309 Assignment Data Must Be Supplied on Fee(s) Transmittal FormMPEP 1309 Recording of Assignment Required for Patent IssuanceMPEP 1309Required First Appearing Assignee Name Printed on PatentMPEP 1309Permitted Assignee Entry on PTOL-85B Does Not Affect Patent PrintingMPEP 1309 Assignee Entry on PTOL-85B RequiredMPEP 1309Recommended Assignee Name on Patent May Differ From PTOL-85BMPEP 1309 Assignee Entry on Patent Will Be Smith CompanyMPEP 1309 Assignee Information on PTOL-85BMPEP 1309 Request to Change Assignee as ApplicantMPEP 1309Required Digital Seal and Signature for Electronic PatentsMPEP 1309 Director’s Digital Seal and Signature Required for Electronic PatentsMPEP 1309Required Digital Seal Requirement for PatentsMPEP 1309 Digital Signature Embedded Within Patent SealMPEP 1309Permitted
MPEP § 2950	Industrial Design Protection Only Through Patent IssuanceMPEP 2950Required Industrial Design Protection Only Upon Patent IssuanceMPEP 2950Required Failure to Send Notification Does Not Confer RightsMPEP 2950 Patent Rights Only Upon Issuance of PatentMPEP 2950

MPEP Section

Rules

MPEP § 1309