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 (3)

While the MPEP section provided does not specifically address name changes, the process for recording a name change for patent matters with the USPTO is similar to recording other documents affecting title. Here are the general steps:

  1. Prepare a document evidencing the name change (e.g., a certificate of name change or merger document)
  2. Complete a cover sheet (Form PTO-1595 or equivalent) that includes:
    • The former name (in the space for the party conveying the interest)
    • The new name (in the space for the party receiving the interest)
    • A description of the interest conveyed as “Name Change”
    • Identification of the affected patents or applications
  3. Submit the document and cover sheet to the USPTO for recordation, along with any required fee
  4. The submission can be done electronically through EPAS, by mail, or by fax (subject to limitations)

As with other recorded documents, the USPTO will assign reel and frame numbers and add recordation stampings to the processed document.

It’s important to note that while this process records the name change, it does not update the assignee name in individual patent or application files. Separate requests may be needed to update assignee names in specific applications or patents.

To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g):

  1. Prepare either a copy of the joint research agreement or an excerpt of it.
  2. Complete a cover sheet that includes:
    • Identification of the document as a “joint research agreement” in the space for describing the interest conveyed
    • The name of the owner of the application or patent
    • The name of each other party to the joint research agreement
    • The date the joint research agreement was executed
  3. Submit the document and cover sheet to the USPTO for recordation.

As stated in MPEP 302.07: “If the document submitted for recordation is a joint research agreement or an excerpt of a joint research agreement, the cover sheet must clearly identify the document as a ‘joint research agreement’ (in the space provided for the description of the interest conveyed if using Form PTO-1595).”

Recording a government interest in a patent requires special procedures:

  1. Prepare the document establishing the government interest
  2. Complete a patent cover sheet, indicating it relates to a government interest
  3. Submit the document and cover sheet to the USPTO

As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”

Key points for government interest recordations:

  • No fee is required if the document doesn’t affect title and is properly identified
  • These documents are recorded in a special Departmental Register
  • Some government documents may be recorded in a Secret Register with restricted access

Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.

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

MPEP 302 - Recording of Assignment Documents (3)

While the MPEP section provided does not specifically address name changes, the process for recording a name change for patent matters with the USPTO is similar to recording other documents affecting title. Here are the general steps:

  1. Prepare a document evidencing the name change (e.g., a certificate of name change or merger document)
  2. Complete a cover sheet (Form PTO-1595 or equivalent) that includes:
    • The former name (in the space for the party conveying the interest)
    • The new name (in the space for the party receiving the interest)
    • A description of the interest conveyed as “Name Change”
    • Identification of the affected patents or applications
  3. Submit the document and cover sheet to the USPTO for recordation, along with any required fee
  4. The submission can be done electronically through EPAS, by mail, or by fax (subject to limitations)

As with other recorded documents, the USPTO will assign reel and frame numbers and add recordation stampings to the processed document.

It’s important to note that while this process records the name change, it does not update the assignee name in individual patent or application files. Separate requests may be needed to update assignee names in specific applications or patents.

To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g):

  1. Prepare either a copy of the joint research agreement or an excerpt of it.
  2. Complete a cover sheet that includes:
    • Identification of the document as a “joint research agreement” in the space for describing the interest conveyed
    • The name of the owner of the application or patent
    • The name of each other party to the joint research agreement
    • The date the joint research agreement was executed
  3. Submit the document and cover sheet to the USPTO for recordation.

As stated in MPEP 302.07: “If the document submitted for recordation is a joint research agreement or an excerpt of a joint research agreement, the cover sheet must clearly identify the document as a ‘joint research agreement’ (in the space provided for the description of the interest conveyed if using Form PTO-1595).”

Recording a government interest in a patent requires special procedures:

  1. Prepare the document establishing the government interest
  2. Complete a patent cover sheet, indicating it relates to a government interest
  3. Submit the document and cover sheet to the USPTO

As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”

Key points for government interest recordations:

  • No fee is required if the document doesn’t affect title and is properly identified
  • These documents are recorded in a special Departmental Register
  • Some government documents may be recorded in a Secret Register with restricted access

Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.

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

Patent Law (3)

While the MPEP section provided does not specifically address name changes, the process for recording a name change for patent matters with the USPTO is similar to recording other documents affecting title. Here are the general steps:

  1. Prepare a document evidencing the name change (e.g., a certificate of name change or merger document)
  2. Complete a cover sheet (Form PTO-1595 or equivalent) that includes:
    • The former name (in the space for the party conveying the interest)
    • The new name (in the space for the party receiving the interest)
    • A description of the interest conveyed as “Name Change”
    • Identification of the affected patents or applications
  3. Submit the document and cover sheet to the USPTO for recordation, along with any required fee
  4. The submission can be done electronically through EPAS, by mail, or by fax (subject to limitations)

As with other recorded documents, the USPTO will assign reel and frame numbers and add recordation stampings to the processed document.

It’s important to note that while this process records the name change, it does not update the assignee name in individual patent or application files. Separate requests may be needed to update assignee names in specific applications or patents.

To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g):

  1. Prepare either a copy of the joint research agreement or an excerpt of it.
  2. Complete a cover sheet that includes:
    • Identification of the document as a “joint research agreement” in the space for describing the interest conveyed
    • The name of the owner of the application or patent
    • The name of each other party to the joint research agreement
    • The date the joint research agreement was executed
  3. Submit the document and cover sheet to the USPTO for recordation.

As stated in MPEP 302.07: “If the document submitted for recordation is a joint research agreement or an excerpt of a joint research agreement, the cover sheet must clearly identify the document as a ‘joint research agreement’ (in the space provided for the description of the interest conveyed if using Form PTO-1595).”

Recording a government interest in a patent requires special procedures:

  1. Prepare the document establishing the government interest
  2. Complete a patent cover sheet, indicating it relates to a government interest
  3. Submit the document and cover sheet to the USPTO

As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”

Key points for government interest recordations:

  • No fee is required if the document doesn’t affect title and is properly identified
  • These documents are recorded in a special Departmental Register
  • Some government documents may be recorded in a Secret Register with restricted access

Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.

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

Patent Procedure (3)

While the MPEP section provided does not specifically address name changes, the process for recording a name change for patent matters with the USPTO is similar to recording other documents affecting title. Here are the general steps:

  1. Prepare a document evidencing the name change (e.g., a certificate of name change or merger document)
  2. Complete a cover sheet (Form PTO-1595 or equivalent) that includes:
    • The former name (in the space for the party conveying the interest)
    • The new name (in the space for the party receiving the interest)
    • A description of the interest conveyed as “Name Change”
    • Identification of the affected patents or applications
  3. Submit the document and cover sheet to the USPTO for recordation, along with any required fee
  4. The submission can be done electronically through EPAS, by mail, or by fax (subject to limitations)

As with other recorded documents, the USPTO will assign reel and frame numbers and add recordation stampings to the processed document.

It’s important to note that while this process records the name change, it does not update the assignee name in individual patent or application files. Separate requests may be needed to update assignee names in specific applications or patents.

To record a joint research agreement with the USPTO, follow these steps based on 37 CFR 3.11(c) and 37 CFR 3.31(g):

  1. Prepare either a copy of the joint research agreement or an excerpt of it.
  2. Complete a cover sheet that includes:
    • Identification of the document as a “joint research agreement” in the space for describing the interest conveyed
    • The name of the owner of the application or patent
    • The name of each other party to the joint research agreement
    • The date the joint research agreement was executed
  3. Submit the document and cover sheet to the USPTO for recordation.

As stated in MPEP 302.07: “If the document submitted for recordation is a joint research agreement or an excerpt of a joint research agreement, the cover sheet must clearly identify the document as a ‘joint research agreement’ (in the space provided for the description of the interest conveyed if using Form PTO-1595).”

Recording a government interest in a patent requires special procedures:

  1. Prepare the document establishing the government interest
  2. Complete a patent cover sheet, indicating it relates to a government interest
  3. Submit the document and cover sheet to the USPTO

As stated in MPEP 302.07: “Cover sheets required by 37 CFR 3.28 seeking to record a governmental interest must also (1) indicate that the document relates to a governmental interest and (2) indicate, if applicable, that the document to be recorded is not a document affecting title.”

Key points for government interest recordations:

  • No fee is required if the document doesn’t affect title and is properly identified
  • These documents are recorded in a special Departmental Register
  • Some government documents may be recorded in a Secret Register with restricted access

Government agencies should follow Executive Order 9424 which requires prompt forwarding of government interests in patents for recording.

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