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 300 - Ownership and Assignment (1)

Assignment information printed on a patent follows these guidelines:

  • Only the first appearing name of an assignee will be printed on the patent, even if multiple names for the same party are identified on the Fee(s) Transmittal form (PTOL-85B).
  • This printing practice does not affect the recording of assignments with the USPTO’s Assignment Division.
  • The assignee entry on the PTOL-85B should still include all assignment data as recorded in the Office.

For example: The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read ‘Smith Company doing business as (d.b.a.) Jones Company.’ The assignee entry on the printed patent will read ‘Smith Company.’

It’s important to note that assignment information printed on a patent is not updated after issuance and may not reflect subsequent assignments recorded in the Office.

MPEP 307 - Issue to Non - Applicant Assignee (1)

Assignment information printed on a patent follows these guidelines:

  • Only the first appearing name of an assignee will be printed on the patent, even if multiple names for the same party are identified on the Fee(s) Transmittal form (PTOL-85B).
  • This printing practice does not affect the recording of assignments with the USPTO’s Assignment Division.
  • The assignee entry on the PTOL-85B should still include all assignment data as recorded in the Office.

For example: The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read ‘Smith Company doing business as (d.b.a.) Jones Company.’ The assignee entry on the printed patent will read ‘Smith Company.’

It’s important to note that assignment information printed on a patent is not updated after issuance and may not reflect subsequent assignments recorded in the Office.

Patent Law (4)

The printing of U.S. patent application numbers on a patent depends on how they are submitted and considered by the examiner. The MPEP states:

If a U.S. patent application number is listed on a PTO/SB/08 form or its equivalent and the examiner considers the information and initials the form, the application number will be printed on the patent.

However, applicants should be cautious about disclosing pending application numbers:

Applicants may wish to list U.S. patent application numbers on other than a form PTO/SB/08 format to avoid the application numbers of pending applications being published on the patent.

This guidance allows applicants to control whether pending application numbers are made public through the patent printing process.

To learn more:

Citations considered by the examiner and listed on form PTO/SB/08 or an equivalent separate paper will be printed on the patent. The MPEP states: A citation listed on form PTO/SB/08 and considered by the examiner will be printed on the patent. However, for the separate paper to be printed, it must meet specific formatting requirements:

  • Each item of information is listed on a single line
  • The lines are at least double-spaced from each other
  • The information is uniform in format for each listed item

It’s important to note that For patents printed after January 1, 2001, citations from information disclosure statements that are printed on the face of the patent will be distinguished from citations cited by the examiner on a form PTO-892.

To learn more:

Assignment information printed on a patent follows these guidelines:

  • Only the first appearing name of an assignee will be printed on the patent, even if multiple names for the same party are identified on the Fee(s) Transmittal form (PTOL-85B).
  • This printing practice does not affect the recording of assignments with the USPTO’s Assignment Division.
  • The assignee entry on the PTOL-85B should still include all assignment data as recorded in the Office.

For example: The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read ‘Smith Company doing business as (d.b.a.) Jones Company.’ The assignee entry on the printed patent will read ‘Smith Company.’

It’s important to note that assignment information printed on a patent is not updated after issuance and may not reflect subsequent assignments recorded in the Office.

To ensure that references from the international search report are printed on the resulting patent, applicants must provide a separate listing of these references. According to MPEP 609.03:

“In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.”

This separate listing should be submitted within the set period for reply to the Office action or, if the application is ready for allowance, within ONE MONTH of the mailing date of the Notice of Allowability. It’s important to note that no extension of time will be granted to comply with this requirement if the application is ready for allowance.

To learn more:

Patent Procedure (4)

The printing of U.S. patent application numbers on a patent depends on how they are submitted and considered by the examiner. The MPEP states:

If a U.S. patent application number is listed on a PTO/SB/08 form or its equivalent and the examiner considers the information and initials the form, the application number will be printed on the patent.

However, applicants should be cautious about disclosing pending application numbers:

Applicants may wish to list U.S. patent application numbers on other than a form PTO/SB/08 format to avoid the application numbers of pending applications being published on the patent.

This guidance allows applicants to control whether pending application numbers are made public through the patent printing process.

To learn more:

Citations considered by the examiner and listed on form PTO/SB/08 or an equivalent separate paper will be printed on the patent. The MPEP states: A citation listed on form PTO/SB/08 and considered by the examiner will be printed on the patent. However, for the separate paper to be printed, it must meet specific formatting requirements:

  • Each item of information is listed on a single line
  • The lines are at least double-spaced from each other
  • The information is uniform in format for each listed item

It’s important to note that For patents printed after January 1, 2001, citations from information disclosure statements that are printed on the face of the patent will be distinguished from citations cited by the examiner on a form PTO-892.

To learn more:

Assignment information printed on a patent follows these guidelines:

  • Only the first appearing name of an assignee will be printed on the patent, even if multiple names for the same party are identified on the Fee(s) Transmittal form (PTOL-85B).
  • This printing practice does not affect the recording of assignments with the USPTO’s Assignment Division.
  • The assignee entry on the PTOL-85B should still include all assignment data as recorded in the Office.

For example: The assignee entry on form PTOL-85B should still be completed to indicate the assignment data as recorded in the Office. For example, the assignment filed in the Office and, therefore, the PTOL-85B assignee entry might read ‘Smith Company doing business as (d.b.a.) Jones Company.’ The assignee entry on the printed patent will read ‘Smith Company.’

It’s important to note that assignment information printed on a patent is not updated after issuance and may not reflect subsequent assignments recorded in the Office.

To ensure that references from the international search report are printed on the resulting patent, applicants must provide a separate listing of these references. According to MPEP 609.03:

“In order to have the references printed on such resulting patent, a separate listing, preferably on a PTO/SB/08 form, must be filed within the set period for reply to this Office action.”

This separate listing should be submitted within the set period for reply to the Office action or, if the application is ready for allowance, within ONE MONTH of the mailing date of the Notice of Allowability. It’s important to note that no extension of time will be granted to comply with this requirement if the application is ready for allowance.

To learn more: