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 (3)
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:
- For a patent: Use the patent number
- For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
- For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
- For an international design application designating the U.S.: Use either the international registration number or the U.S. application number
For applications not yet filed or without an assigned number:
- For a non-provisional application: Identify by inventor name(s) and the title of the invention
- For a provisional application: Identify by inventor name(s) and the title of the invention
MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:
- National applications: Identify by application number (series code and serial number)
- International applications designating the US: Identify by international application number
- International design applications designating the US: Identify by international registration number or US application number
If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.
The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.
For more information on application identification, visit: application identification.
For more information on patent assignment, visit: patent assignment.
For more information on patent identification, visit: patent identification.
To properly identify a patent in an assignment, you must use the patent number. According to 37 CFR 3.21, “An assignment relating to a patent must identify the patent by the patent number.” This ensures that there is no ambiguity about which patent is being assigned.
To learn more:
MPEP 302 - Recording of Assignment Documents (2)
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:
- For a patent: Use the patent number
- For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
- For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
- For an international design application designating the U.S.: Use either the international registration number or the U.S. application number
For applications not yet filed or without an assigned number:
- For a non-provisional application: Identify by inventor name(s) and the title of the invention
- For a provisional application: Identify by inventor name(s) and the title of the invention
MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:
- National applications: Identify by application number (series code and serial number)
- International applications designating the US: Identify by international application number
- International design applications designating the US: Identify by international registration number or US application number
If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.
The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.
For more information on application identification, visit: application identification.
For more information on patent assignment, visit: patent assignment.
For more information on patent identification, visit: patent identification.
Patent Law (3)
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:
- For a patent: Use the patent number
- For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
- For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
- For an international design application designating the U.S.: Use either the international registration number or the U.S. application number
For applications not yet filed or without an assigned number:
- For a non-provisional application: Identify by inventor name(s) and the title of the invention
- For a provisional application: Identify by inventor name(s) and the title of the invention
MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:
- National applications: Identify by application number (series code and serial number)
- International applications designating the US: Identify by international application number
- International design applications designating the US: Identify by international registration number or US application number
If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.
The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.
For more information on application identification, visit: application identification.
For more information on patent assignment, visit: patent assignment.
For more information on patent identification, visit: patent identification.
To properly identify a patent in an assignment, you must use the patent number. According to 37 CFR 3.21, “An assignment relating to a patent must identify the patent by the patent number.” This ensures that there is no ambiguity about which patent is being assigned.
To learn more:
Patent Procedure (3)
According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:
- For a patent: Use the patent number
- For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
- For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
- For an international design application designating the U.S.: Use either the international registration number or the U.S. application number
For applications not yet filed or without an assigned number:
- For a non-provisional application: Identify by inventor name(s) and the title of the invention
- For a provisional application: Identify by inventor name(s) and the title of the invention
MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.'”
According to 37 CFR 3.21, a patent assignment must identify the patent by patent number. For patent applications:
- National applications: Identify by application number (series code and serial number)
- International applications designating the US: Identify by international application number
- International design applications designating the US: Identify by international registration number or US application number
If the assignment is executed before filing but after the application is executed, it must identify the application by inventor name(s) and invention title. For provisional applications not yet filed, identify by inventor name(s) and invention title.
The MPEP suggests including language like: I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.
For more information on application identification, visit: application identification.
For more information on patent assignment, visit: patent assignment.
For more information on patent identification, visit: patent identification.
To properly identify a patent in an assignment, you must use the patent number. According to 37 CFR 3.21, “An assignment relating to a patent must identify the patent by the patent number.” This ensures that there is no ambiguity about which patent is being assigned.
To learn more: