Patent Law FAQ

If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs:

• The patent will issue to the applicant instead of the assignee.
• Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form.

As stated in the MPEP: Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied.

It’s crucial for applicants and assignees to ensure that the correct information is provided on the PTOL-85B form to avoid any issues with patent issuance to the intended party.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

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.

If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs:

• The patent will issue to the applicant instead of the assignee.
• Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form.

As stated in the MPEP: Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied.

It’s crucial for applicants and assignees to ensure that the correct information is provided on the PTOL-85B form to avoid any issues with patent issuance to the intended party.

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.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs:

• The patent will issue to the applicant instead of the assignee.
• Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form.

As stated in the MPEP: Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied.

It’s crucial for applicants and assignees to ensure that the correct information is provided on the PTOL-85B form to avoid any issues with patent issuance to the intended party.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

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.

If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs:

• The patent will issue to the applicant instead of the assignee.
• Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form.

As stated in the MPEP: Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied.

It’s crucial for applicants and assignees to ensure that the correct information is provided on the PTOL-85B form to avoid any issues with patent issuance to the intended party.

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

• Notification should be made no later than payment of the issue fee
• Changes can be indicated in Box 3 of the PTOL-85B form
• If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

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.