How are assignment records made accessible to the public?
The USPTO makes assignment records accessible to the public in several ways, as described in 37 CFR 1.12: Separate assignment records for patents and trademarks are maintained and are open to public inspection. Assignment records, digests, and indexes for patents are available on the USPTO website. Images of assignment documents recorded from June 1998 onwards…
Read MoreWhat happens if the assignment is not recorded before the issue fee payment?
If the assignment has not been recorded before the issue fee payment, the following applies: The request for issuance to the assignee must state that the assignment document has been filed for recordation. This statement should be made in accordance with 37 CFR 3.11. As stated in 37 CFR 3.81(a): If the assignment has not…
Read MoreHow are partial assignees handled in patent issuance?
The USPTO has specific provisions for handling partial assignees in patent issuance: If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s). If multiple assignees hold the entire right, title,…
Read MoreHow can an applicant obtain information about assignment documents for a patent application?
According to MPEP 303, applicants who want information about assignment documents must take specific steps: Request separately certified copies of assignment documents Submit the fees required by 37 CFR 1.19 The MPEP states: “Applicants desiring an indication of assignment documents of record should request separately certified copies of assignment documents and submit the fees required…
Read MoreWhat is PALM in the context of patent examination?
PALM stands for Patent Application Locator and Monitoring system. While MPEP 303 doesn’t provide a definition, it mentions PALM in the context of assignment information: “…it is necessary for the examiner to obtain assignment information from PALM.” (MPEP 303) PALM is an internal USPTO database system used by patent examiners to access and track information…
Read MoreHow can someone obtain copies of assignment records for pending or abandoned applications?
The process for obtaining copies of assignment records for pending or abandoned applications depends on whether the application is open to the public. The MPEP states: ‘Copies of assignment records relating to pending or abandoned patent applications which are open to the public pursuant to 37 CFR 1.11 or for which copies or access may…
Read MoreHow should applicants notify the USPTO of changes in the real party in interest?
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…
Read MoreWhat notice requirements exist for patent arbitration awards?
When an arbitration award is made involving a patent, there are specific notice requirements as outlined in 35 U.S.C. 294(d) and 37 CFR 1.335. Key points include: The patentee, assignee, or licensee must provide written notice to the USPTO Director. A separate notice is required for each patent involved. The notice must include names and…
Read MoreWhat happens if an electronically submitted assignment document is not recordable?
If an assignment document submitted electronically through the Electronic Patent Assignment System (EPAS) is determined to be not recordable, the following process occurs: The entire document, along with its associated cover sheet, will be returned to the sender. An Office “Notice of Non-Recordation” will be transmitted back to the sender via fax, if possible. The…
Read MoreWhen is a new assignment required for a continuation-in-part (CIP) application?
A new assignment is generally required for a continuation-in-part (CIP) application, with one exception. According to MPEP 306: Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee…
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