37 CFR § 3.81 — Issue of patent to assignee. (MPEP Coverage Index) – BlueIron IP
37 CFR § 3.81 Issue of patent to assignee.
This page consolidates MPEP guidance interpreting 37 CFR § 3.81, including 41 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
The Issue of patent to assignee is a procedural mechanism that allows patent issuance directly to an assignee under specific regulatory conditions when ownership rights are transferred before patent grant.
What this section covers
- Regulatory framework for patent issuance to assignees under 37 CFR 3.81
- Conditions and process for transferring patent rights to a non-applicant assignee
Key obligations
- Submit a formal request for patent issuance in the assignee's name before issue fee payment
- Provide documentation proving valid assignment of patent rights
- Ensure compliance with USPTO requirements for ownership transfer documentation
Conditions and exceptions
- If request is submitted after issue fee payment, include a specific certificate request
Practice notes
- Carefully document and time the assignment transfer to align with patent issuance procedures
- Verify all assignment documentation is complete and accurately reflects ownership transfer
Official MPEP § 3.81 — Issue of patent to assignee.
Source: USPTOLast Modified: 10/30/2024 08:50:22
3.81 Issue of patent to assignee.
- (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 .
- (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.
- (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.
[Added, 57 FR 29634, July 6, 1992, effective Sept. 4, 1992; amended, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 69 FR 29865, May 26, 2004, effective June 25, 2004]
- Aia Practice
- Aia Overview
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- Recording Assignments
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- Patent Issuance
- Certificate Of Correction
- Notice Of Allowance
- Reissue
- Reissue Grounds
- Reissue Ownership
- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(b) | |
| MPEP § 1309 | |
| MPEP § 1481.01 | |
| MPEP § 306 | |
| MPEP § 307 | |
| MPEP § 605.01 |