Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 300 - Ownership and Assignment (2)
When there are multiple assignees or a combination of partial assignees and inventors, establishing ownership for patent applications becomes more complex. According to MPEP 325 and 37 CFR 3.73(c)(2), each owner must submit a statement that either:
- Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
- Identifies all parties, including inventors, who together own the entire right, title, and interest, and states that all identified parties own the entire right, title, and interest.
The MPEP states: “Where there is more than one assignee (i.e., partial assignees) or a combination of partial assignees and inventors who have not assigned away their right, title and interest in the application, each owner must submit a statement under 37 CFR 3.73(c) that either:
(A) Specifies (by percentage) the extent of its ownership interest, so as to account for the entire right, title and interest in the application or patent by all parties. 37 CFR 3.73(c)(2)(i); or
(B) Identifies the parties including inventors who together own the entire right, title and interest and state that all the identified parties own the entire right, title and interest. 37 CFR 3.73(c)(2)(ii).”
If the extent of ownership is not clearly set forth, the USPTO may refuse to accept the submission as an establishment of ownership interest.
For more information on multiple assignees, visit: multiple assignees.
For more information on ownership interest, visit: ownership interest.
For more information on partial assignees, visit: partial assignees.
When multiple assignees seek to take action in a patent matter, each partial assignee must provide a submission under 37 CFR 3.73(c). According to the MPEP:
In each submission, the extent of each assignee’s interest must be set forth so that the Office can determine whether it has obtained action by the entirety of the right, title and interest holders (owners). 37 CFR 3.73(c)(2)(i).
Assignees have two options:
- Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
- Identify all parties (including inventors) who together own the entire right, title, and interest, and state that all identified parties own the entire right, title, and interest.
The MPEP warns: “If the extent of the partial assignee’s ownership interest is not set forth in the submission under 37 CFR 3.73(c), the Office may refuse to accept the submission as an establishment of ownership interest.”
Patent Law (2)
When there are multiple assignees or a combination of partial assignees and inventors, establishing ownership for patent applications becomes more complex. According to MPEP 325 and 37 CFR 3.73(c)(2), each owner must submit a statement that either:
- Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
- Identifies all parties, including inventors, who together own the entire right, title, and interest, and states that all identified parties own the entire right, title, and interest.
The MPEP states: “Where there is more than one assignee (i.e., partial assignees) or a combination of partial assignees and inventors who have not assigned away their right, title and interest in the application, each owner must submit a statement under 37 CFR 3.73(c) that either:
(A) Specifies (by percentage) the extent of its ownership interest, so as to account for the entire right, title and interest in the application or patent by all parties. 37 CFR 3.73(c)(2)(i); or
(B) Identifies the parties including inventors who together own the entire right, title and interest and state that all the identified parties own the entire right, title and interest. 37 CFR 3.73(c)(2)(ii).”
If the extent of ownership is not clearly set forth, the USPTO may refuse to accept the submission as an establishment of ownership interest.
For more information on multiple assignees, visit: multiple assignees.
For more information on ownership interest, visit: ownership interest.
For more information on partial assignees, visit: partial assignees.
When multiple assignees seek to take action in a patent matter, each partial assignee must provide a submission under 37 CFR 3.73(c). According to the MPEP:
In each submission, the extent of each assignee’s interest must be set forth so that the Office can determine whether it has obtained action by the entirety of the right, title and interest holders (owners). 37 CFR 3.73(c)(2)(i).
Assignees have two options:
- Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
- Identify all parties (including inventors) who together own the entire right, title, and interest, and state that all identified parties own the entire right, title, and interest.
The MPEP warns: “If the extent of the partial assignee’s ownership interest is not set forth in the submission under 37 CFR 3.73(c), the Office may refuse to accept the submission as an establishment of ownership interest.”
Patent Procedure (2)
When there are multiple assignees or a combination of partial assignees and inventors, establishing ownership for patent applications becomes more complex. According to MPEP 325 and 37 CFR 3.73(c)(2), each owner must submit a statement that either:
- Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
- Identifies all parties, including inventors, who together own the entire right, title, and interest, and states that all identified parties own the entire right, title, and interest.
The MPEP states: “Where there is more than one assignee (i.e., partial assignees) or a combination of partial assignees and inventors who have not assigned away their right, title and interest in the application, each owner must submit a statement under 37 CFR 3.73(c) that either:
(A) Specifies (by percentage) the extent of its ownership interest, so as to account for the entire right, title and interest in the application or patent by all parties. 37 CFR 3.73(c)(2)(i); or
(B) Identifies the parties including inventors who together own the entire right, title and interest and state that all the identified parties own the entire right, title and interest. 37 CFR 3.73(c)(2)(ii).”
If the extent of ownership is not clearly set forth, the USPTO may refuse to accept the submission as an establishment of ownership interest.
For more information on multiple assignees, visit: multiple assignees.
For more information on ownership interest, visit: ownership interest.
For more information on partial assignees, visit: partial assignees.
When multiple assignees seek to take action in a patent matter, each partial assignee must provide a submission under 37 CFR 3.73(c). According to the MPEP:
In each submission, the extent of each assignee’s interest must be set forth so that the Office can determine whether it has obtained action by the entirety of the right, title and interest holders (owners). 37 CFR 3.73(c)(2)(i).
Assignees have two options:
- Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
- Identify all parties (including inventors) who together own the entire right, title, and interest, and state that all identified parties own the entire right, title, and interest.
The MPEP warns: “If the extent of the partial assignee’s ownership interest is not set forth in the submission under 37 CFR 3.73(c), the Office may refuse to accept the submission as an establishment of ownership interest.”