Patent Law FAQ

According to 35 U.S.C. 118, the following parties can file a patent application:

• A person to whom the inventor has assigned the invention
• A person to whom the inventor is under an obligation to assign the invention
• A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor

The law states: A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows:

• As provided for in part 3 of Chapter 37 CFR
• No later than the date the issue fee is paid in the application

According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.

According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows:

“If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.”

In other words, if you’re filing as an assignee or obligated assignee, you should record your documentary evidence of ownership (such as an assignment or employment agreement) with the USPTO no later than when you pay the issue fee for your patent application.

For more information on documentary evidence, visit: documentary evidence.

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:

1. The fee set forth in § 1.17(g)
2. A showing that the person has sufficient proprietary interest in the matter
3. A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties

This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.

What is the purpose of the Issue Notification in the patent application process?

The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:

• Informs the applicant of the official issue date of their patent
• Provides the assigned patent number
• Serves as confirmation that the patent will be granted
• Helps applicants plan for any post-issuance actions or maintenance fees

The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.

For more information on issue date, visit: issue date.

For more information on patent grant, visit: patent grant.

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

• An application data sheet under § 1.76
• In the applicant information section (§ 1.76(b)(7)), specify:
  • The assignee
  • Person to whom the inventor is under an obligation to assign the invention
  • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):

35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.

37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

How does the USPTO handle requests for early delivery of patents?

The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308:

“Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent grant be delivered to another address or to an assignment recordation branch of the USPTO for recordation of an assignment, provided a fee is paid for the service.”

This means that:

• Patentees can request early delivery of their patent grant
• The request must be made in writing before the issue date
• A fee is required for this service
• The patent can be delivered to an alternative address or to the assignment recordation branch

Early delivery requests are typically made when there’s an urgent need to record an assignment or to obtain the physical patent document for business purposes.

For more information on patent grant, visit: patent grant.

For more information on USPTO procedures, visit: USPTO procedures.

When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this:

‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’

This means that all named inventors share ownership of the patent equally, unless they have agreed otherwise or assigned their rights to another party. Each joint inventor has the right to make, use, sell, or license the invention without the consent of the other inventors, subject to any agreements between them.

For more information on joint inventors, visit: joint inventors.

For more information on patent issuance, visit: patent issuance.

Yes, a patent can be issued to a deceased inventor. The MPEP 308 states:

‘A patent may be issued to the legal representative (executor, administrator, etc.) of a deceased inventor.’

In such cases, the patent is issued to the legal representative acting on behalf of the deceased inventor’s estate. This ensures that the inventor’s rights and the value of their invention are preserved even after their death.

For more information on legal representative, visit: legal representative.

For more information on patent issuance, visit: patent issuance.

According to 35 U.S.C. 118, the following parties can file a patent application:

• A person to whom the inventor has assigned the invention
• A person to whom the inventor is under an obligation to assign the invention
• A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor

The law states: A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows:

• As provided for in part 3 of Chapter 37 CFR
• No later than the date the issue fee is paid in the application

According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.

According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows:

“If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.”

In other words, if you’re filing as an assignee or obligated assignee, you should record your documentary evidence of ownership (such as an assignment or employment agreement) with the USPTO no later than when you pay the issue fee for your patent application.

For more information on documentary evidence, visit: documentary evidence.

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:

1. The fee set forth in § 1.17(g)
2. A showing that the person has sufficient proprietary interest in the matter
3. A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties

This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.

What is the purpose of the Issue Notification in the patent application process?

The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:

• Informs the applicant of the official issue date of their patent
• Provides the assigned patent number
• Serves as confirmation that the patent will be granted
• Helps applicants plan for any post-issuance actions or maintenance fees

The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.

For more information on issue date, visit: issue date.

For more information on patent grant, visit: patent grant.

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

• An application data sheet under § 1.76
• In the applicant information section (§ 1.76(b)(7)), specify:
  • The assignee
  • Person to whom the inventor is under an obligation to assign the invention
  • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):

35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.

37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

How does the USPTO handle requests for early delivery of patents?

The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308:

“Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent grant be delivered to another address or to an assignment recordation branch of the USPTO for recordation of an assignment, provided a fee is paid for the service.”

This means that:

• Patentees can request early delivery of their patent grant
• The request must be made in writing before the issue date
• A fee is required for this service
• The patent can be delivered to an alternative address or to the assignment recordation branch

Early delivery requests are typically made when there’s an urgent need to record an assignment or to obtain the physical patent document for business purposes.

For more information on patent grant, visit: patent grant.

For more information on USPTO procedures, visit: USPTO procedures.

When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this:

‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’

This means that all named inventors share ownership of the patent equally, unless they have agreed otherwise or assigned their rights to another party. Each joint inventor has the right to make, use, sell, or license the invention without the consent of the other inventors, subject to any agreements between them.

For more information on joint inventors, visit: joint inventors.

For more information on patent issuance, visit: patent issuance.

Yes, a patent can be issued to a deceased inventor. The MPEP 308 states:

‘A patent may be issued to the legal representative (executor, administrator, etc.) of a deceased inventor.’

In such cases, the patent is issued to the legal representative acting on behalf of the deceased inventor’s estate. This ensures that the inventor’s rights and the value of their invention are preserved even after their death.

For more information on legal representative, visit: legal representative.

For more information on patent issuance, visit: patent issuance.

According to 35 U.S.C. 118, the following parties can file a patent application:

• A person to whom the inventor has assigned the invention
• A person to whom the inventor is under an obligation to assign the invention
• A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor

The law states: A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows:

• As provided for in part 3 of Chapter 37 CFR
• No later than the date the issue fee is paid in the application

According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.

According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows:

“If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.”

In other words, if you’re filing as an assignee or obligated assignee, you should record your documentary evidence of ownership (such as an assignment or employment agreement) with the USPTO no later than when you pay the issue fee for your patent application.

For more information on documentary evidence, visit: documentary evidence.

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:

1. The fee set forth in § 1.17(g)
2. A showing that the person has sufficient proprietary interest in the matter
3. A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties

This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.

What is the purpose of the Issue Notification in the patent application process?

The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:

• Informs the applicant of the official issue date of their patent
• Provides the assigned patent number
• Serves as confirmation that the patent will be granted
• Helps applicants plan for any post-issuance actions or maintenance fees

The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.

For more information on issue date, visit: issue date.

For more information on patent grant, visit: patent grant.

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

• An application data sheet under § 1.76
• In the applicant information section (§ 1.76(b)(7)), specify:
  • The assignee
  • Person to whom the inventor is under an obligation to assign the invention
  • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):

35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.

37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

How does the USPTO handle requests for early delivery of patents?

The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308:

“Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent grant be delivered to another address or to an assignment recordation branch of the USPTO for recordation of an assignment, provided a fee is paid for the service.”

This means that:

• Patentees can request early delivery of their patent grant
• The request must be made in writing before the issue date
• A fee is required for this service
• The patent can be delivered to an alternative address or to the assignment recordation branch

Early delivery requests are typically made when there’s an urgent need to record an assignment or to obtain the physical patent document for business purposes.

For more information on patent grant, visit: patent grant.

For more information on USPTO procedures, visit: USPTO procedures.

When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this:

‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’

This means that all named inventors share ownership of the patent equally, unless they have agreed otherwise or assigned their rights to another party. Each joint inventor has the right to make, use, sell, or license the invention without the consent of the other inventors, subject to any agreements between them.

For more information on joint inventors, visit: joint inventors.

For more information on patent issuance, visit: patent issuance.

Yes, a patent can be issued to a deceased inventor. The MPEP 308 states:

‘A patent may be issued to the legal representative (executor, administrator, etc.) of a deceased inventor.’

In such cases, the patent is issued to the legal representative acting on behalf of the deceased inventor’s estate. This ensures that the inventor’s rights and the value of their invention are preserved even after their death.

For more information on legal representative, visit: legal representative.

For more information on patent issuance, visit: patent issuance.

According to 35 U.S.C. 118, the following parties can file a patent application:

• A person to whom the inventor has assigned the invention
• A person to whom the inventor is under an obligation to assign the invention
• A person who shows sufficient proprietary interest in the matter, acting as an agent for the inventor

The law states: A person to whom the inventor has assigned or is under an obligation to assign the invention may make an application for patent. A person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of and as agent for the inventor on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties.

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows:

• As provided for in part 3 of Chapter 37 CFR
• No later than the date the issue fee is paid in the application

According to 37 CFR 1.46(b)(1): If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.

According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows:

“If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.”

In other words, if you’re filing as an assignee or obligated assignee, you should record your documentary evidence of ownership (such as an assignment or employment agreement) with the USPTO no later than when you pay the issue fee for your patent application.

For more information on documentary evidence, visit: documentary evidence.

An applicant who shows sufficient proprietary interest in the matter must submit a petition with their patent application, including:

1. The fee set forth in § 1.17(g)
2. A showing that the person has sufficient proprietary interest in the matter
3. A statement that making the application for patent by this person on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties

This requirement is outlined in 37 CFR 1.46(b)(2): If the applicant is a person who otherwise shows sufficient proprietary interest in the matter, such applicant must submit a petition including: (i) The fee set forth in § 1.17(g); (ii) A showing that such person has sufficient proprietary interest in the matter; and (iii) A statement that making the application for patent by a person who otherwise shows sufficient proprietary interest in the matter on behalf of and as agent for the inventor is appropriate to preserve the rights of the parties.

What is the purpose of the Issue Notification in the patent application process?

The Issue Notification serves as an important communication in the patent application process. According to the MPEP 308, “The Issue Notification identifies the issue date of the patent number assigned to the application.” This notification is crucial because it:

• Informs the applicant of the official issue date of their patent
• Provides the assigned patent number
• Serves as confirmation that the patent will be granted
• Helps applicants plan for any post-issuance actions or maintenance fees

The Issue Notification is typically sent several weeks before the actual issue date, giving applicants time to prepare for the patent’s publication and enforcement.

For more information on issue date, visit: issue date.

For more information on patent grant, visit: patent grant.

When an application is filed by someone other than the inventor under 35 U.S.C. 111, it must contain specific information as outlined in 37 CFR 1.46(b):

• An application data sheet under § 1.76
• In the applicant information section (§ 1.76(b)(7)), specify:
  • The assignee
  • Person to whom the inventor is under an obligation to assign the invention
  • Person who otherwise shows sufficient proprietary interest in the matter

The regulation states: If an application under 35 U.S.C. 111 is made by a person other than the inventor under paragraph (a) of this section, the application must contain an application data sheet under § 1.76 specifying in the applicant information section (§ 1.76(b)(7)) the assignee, person to whom the inventor is under an obligation to assign the invention, or person who otherwise shows sufficient proprietary interest in the matter.

What happens if there’s an error in the patent grant?

Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:

“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”

This process involves the following steps:

• The USPTO identifies an error in the issued patent
• The patentee is notified of the error
• The patentee must submit a request for a certificate of correction
• The USPTO issues a certificate of correction to rectify the error

It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):

35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.

37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

How does the USPTO handle requests for early delivery of patents?

The USPTO has a specific process for handling requests for early delivery of patents. According to MPEP 308:

“Ordinarily the patent grant is delivered to the correspondence address of record. However, a patentee may request in writing before the issue date that the patent grant be delivered to another address or to an assignment recordation branch of the USPTO for recordation of an assignment, provided a fee is paid for the service.”

This means that:

• Patentees can request early delivery of their patent grant
• The request must be made in writing before the issue date
• A fee is required for this service
• The patent can be delivered to an alternative address or to the assignment recordation branch

Early delivery requests are typically made when there’s an urgent need to record an assignment or to obtain the physical patent document for business purposes.

For more information on patent grant, visit: patent grant.

For more information on USPTO procedures, visit: USPTO procedures.

When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this:

‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’

This means that all named inventors share ownership of the patent equally, unless they have agreed otherwise or assigned their rights to another party. Each joint inventor has the right to make, use, sell, or license the invention without the consent of the other inventors, subject to any agreements between them.

For more information on joint inventors, visit: joint inventors.

For more information on patent issuance, visit: patent issuance.

Yes, a patent can be issued to a deceased inventor. The MPEP 308 states:

‘A patent may be issued to the legal representative (executor, administrator, etc.) of a deceased inventor.’

In such cases, the patent is issued to the legal representative acting on behalf of the deceased inventor’s estate. This ensures that the inventor’s rights and the value of their invention are preserved even after their death.

For more information on legal representative, visit: legal representative.

For more information on patent issuance, visit: patent issuance.