Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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MPEP 106-Control of Inspection by Assignee (1)

Partial assignees have limited rights regarding the inspection of patent applications. According to MPEP 106.01, an assignee of a part interest in a patent application is not entitled to inspect the application without written authority from the inventor or the other assignee(s). This restriction is in place to protect the interests of all parties involved in the patent application process.

MPEP 300 - Ownership and Assignment (5)

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:

  1. Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
  2. 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.

For pre-AIA patent applications (filed before September 16, 2012), partial assignees have specific rights and requirements when it comes to patent ownership and prosecution. According to MPEP 324:

A partial assignee is any assignee of record having less than the entire right, title and interest in the application. Where at least one inventor retains an ownership interest together with the partial assignee(s), the combination of all partial assignees and inventors retaining ownership interest is needed to conduct the prosecution of an application.

This means that if there are multiple partial assignees or a combination of partial assignees and inventors, they must act together to prosecute the application. Additionally, when establishing ownership:

  • Each partial assignee must provide a submission under pre-AIA 37 CFR 3.73(b).
  • The extent of each assignee’s interest must be clearly stated.
  • The Office must be able to determine if it has obtained action by all of the right, title, and interest holders.

If the extent of ownership is not clear, the USPTO may refuse to accept the submission as an establishment of ownership interest.

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

For more information on partial assignees, visit: partial assignees.

For more information on pre-AIA applications, visit: pre-AIA applications.

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:

  1. Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
  2. 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.”

The USPTO has specific provisions for handling partial assignees in patent issuance:

  1. If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s).
  2. If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, the patent may issue in the names of the multiple assignees.

This is outlined in 37 CFR 3.81(c): (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.

Yes, a patent can be issued to multiple assignees or a combination of assignees and inventors. According to MPEP 307, there are two scenarios:

  1. Partial assignees and inventors: “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. Multiple assignees: “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.”

These provisions allow for flexibility in patent issuance when ownership is shared among multiple parties.

For more information on multiple assignees, visit: multiple assignees.

For more information on partial assignees, visit: partial assignees.

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

MPEP 307 - Issue to Non - Applicant Assignee (2)

The USPTO has specific provisions for handling partial assignees in patent issuance:

  1. If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s).
  2. If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, the patent may issue in the names of the multiple assignees.

This is outlined in 37 CFR 3.81(c): (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.

Yes, a patent can be issued to multiple assignees or a combination of assignees and inventors. According to MPEP 307, there are two scenarios:

  1. Partial assignees and inventors: “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. Multiple assignees: “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.”

These provisions allow for flexibility in patent issuance when ownership is shared among multiple parties.

For more information on multiple assignees, visit: multiple assignees.

For more information on partial assignees, visit: partial assignees.

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

Patent Law (6)

Partial assignees have limited rights regarding the inspection of patent applications. According to MPEP 106.01, an assignee of a part interest in a patent application is not entitled to inspect the application without written authority from the inventor or the other assignee(s). This restriction is in place to protect the interests of all parties involved in the patent application process.

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:

  1. Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
  2. 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.

For pre-AIA patent applications (filed before September 16, 2012), partial assignees have specific rights and requirements when it comes to patent ownership and prosecution. According to MPEP 324:

A partial assignee is any assignee of record having less than the entire right, title and interest in the application. Where at least one inventor retains an ownership interest together with the partial assignee(s), the combination of all partial assignees and inventors retaining ownership interest is needed to conduct the prosecution of an application.

This means that if there are multiple partial assignees or a combination of partial assignees and inventors, they must act together to prosecute the application. Additionally, when establishing ownership:

  • Each partial assignee must provide a submission under pre-AIA 37 CFR 3.73(b).
  • The extent of each assignee’s interest must be clearly stated.
  • The Office must be able to determine if it has obtained action by all of the right, title, and interest holders.

If the extent of ownership is not clear, the USPTO may refuse to accept the submission as an establishment of ownership interest.

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

For more information on partial assignees, visit: partial assignees.

For more information on pre-AIA applications, visit: pre-AIA applications.

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:

  1. Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
  2. 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.”

The USPTO has specific provisions for handling partial assignees in patent issuance:

  1. If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s).
  2. If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, the patent may issue in the names of the multiple assignees.

This is outlined in 37 CFR 3.81(c): (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.

Yes, a patent can be issued to multiple assignees or a combination of assignees and inventors. According to MPEP 307, there are two scenarios:

  1. Partial assignees and inventors: “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. Multiple assignees: “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.”

These provisions allow for flexibility in patent issuance when ownership is shared among multiple parties.

For more information on multiple assignees, visit: multiple assignees.

For more information on partial assignees, visit: partial assignees.

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

Patent Procedure (6)

Partial assignees have limited rights regarding the inspection of patent applications. According to MPEP 106.01, an assignee of a part interest in a patent application is not entitled to inspect the application without written authority from the inventor or the other assignee(s). This restriction is in place to protect the interests of all parties involved in the patent application process.

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:

  1. Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
  2. 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.

For pre-AIA patent applications (filed before September 16, 2012), partial assignees have specific rights and requirements when it comes to patent ownership and prosecution. According to MPEP 324:

A partial assignee is any assignee of record having less than the entire right, title and interest in the application. Where at least one inventor retains an ownership interest together with the partial assignee(s), the combination of all partial assignees and inventors retaining ownership interest is needed to conduct the prosecution of an application.

This means that if there are multiple partial assignees or a combination of partial assignees and inventors, they must act together to prosecute the application. Additionally, when establishing ownership:

  • Each partial assignee must provide a submission under pre-AIA 37 CFR 3.73(b).
  • The extent of each assignee’s interest must be clearly stated.
  • The Office must be able to determine if it has obtained action by all of the right, title, and interest holders.

If the extent of ownership is not clear, the USPTO may refuse to accept the submission as an establishment of ownership interest.

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

For more information on partial assignees, visit: partial assignees.

For more information on pre-AIA applications, visit: pre-AIA applications.

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:

  1. Specify the percentage of ownership interest for each assignee, accounting for 100% of ownership.
  2. 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.”

The USPTO has specific provisions for handling partial assignees in patent issuance:

  1. If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s).
  2. If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, the patent may issue in the names of the multiple assignees.

This is outlined in 37 CFR 3.81(c): (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.

Yes, a patent can be issued to multiple assignees or a combination of assignees and inventors. According to MPEP 307, there are two scenarios:

  1. Partial assignees and inventors: “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. Multiple assignees: “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.”

These provisions allow for flexibility in patent issuance when ownership is shared among multiple parties.

For more information on multiple assignees, visit: multiple assignees.

For more information on partial assignees, visit: partial assignees.

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