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 (2)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.
37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
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.
MPEP 308 - Issue to Applicant (2)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.
37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
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.
Patent Law (2)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.
37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
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.
Patent Procedure (2)
When a patent is granted on an application filed by someone other than the inventor, it is issued to the real party in interest. This is stipulated in both 35 U.S.C. 118 and 37 CFR 1.46(e):
35 U.S.C. 118 states: If the Director grants a patent on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest and upon such notice to the inventor as the Director considers to be sufficient.
37 CFR 1.46(e) further clarifies: If a patent is granted on an application filed under this section by a person other than the inventor, the patent shall be granted to the real party in interest. Otherwise, the patent may be issued to the assignee or jointly to the inventor and the assignee as provided in § 3.81.
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.