How is assignment information printed on a patent?
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…
Read MoreCan a request for issuance to an assignee be submitted after the issue fee is paid?
Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply: The request must state that the assignment was submitted for recordation before patent issuance. It must include a request for a certificate of correction under 37 CFR 1.323. The appropriate fees must be paid,…
Read MoreWhat happens if the assignee’s name is not provided on the Fee(s) Transmittal form?
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:…
Read MoreWhat is the process for issuing a patent to a non-applicant assignee?
The process for issuing a patent to a non-applicant assignee involves the following steps: A request for issuance to the assignee must be submitted with the payment of the issue fee. The assignment must have been previously recorded in the USPTO or filed for recordation. If the request is submitted after the issue fee payment,…
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,…
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