What is the PTOL-85B form and why is it important?
The PTOL-85B form is Part B of the “Notice of Allowance and Fee(s) Due” (PTOL-85) sent by the USPTO. According to MPEP 1303, “Part B of the form (PTOL-85B) must be returned to the Office with the payment of the issue fee.” This form is crucial because it accompanies the payment of the issue fee,…
Read MoreHow are patent attorneys or agents listed on the issued patent?
Patent attorneys or agents can be listed on the issued patent through the Fee(s) Transmittal form (PTOL-85B). According to MPEP 1309: “The Fee(s) Transmittal form (PTOL-85B) provides a space (item 2) for the person submitting the base issue fee to indicate, for printing, (1) the names of up to three registered patent attorneys or agents…
Read MoreWhat happens if I pay an incorrect issue fee amount?
If you pay an incorrect issue fee amount, the USPTO has provisions to handle this situation. According to MPEP 1306: “Where it is clear that an applicant actually intends to pay the issue fee and required publication fee, but the proper fee payment is not made, for example, an incorrect issue fee amount is supplied,…
Read MoreHow is assignment information included on an issued patent?
Assignment information can be included on an issued patent through the Fee(s) Transmittal form (PTOL-85B). As stated in MPEP 1309: “The Fee(s) Transmittal form (PTOL-85B) provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. The Office does not look to the assignment record to…
Read MoreHow can I ensure the correct assignee is listed on a patent?
To ensure the correct assignee is listed on a patent, you should: Complete item 3 of the Fee(s) Transmittal Form (PTOL-85B) with the correct assignment data. If the assignee is not the applicant of record, file an appropriate request under 37 CFR 1.46(c) before or with the payment of the issue fee. As stated in…
Read MoreCan a mistake in assignee information on PTOL-85B be corrected via certificate of correction?
No, a mistake in assignee information on the Fee(s) Transmittal Form (PTOL-85B) cannot be corrected via a certificate of correction. The MPEP 1481.01 clearly states: “Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.” If you need to change or correct assignee information after the…
Read MoreWhat happens if I don’t provide assignee information on the PTOL-85B form?
If you don’t provide assignee information on the Fee(s) Transmittal Form (PTOL-85B), the patent will be issued to the applicant of record. As stated in MPEP 1481.01: “Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will…
Read MoreHow does providing assignee information on PTOL-85B affect the applicant of record?
Providing assignee information on the Fee(s) Transmittal Form (PTOL-85B) does not change the applicant of record. According to MPEP 1481.01: “Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record.” If you…
Read MoreHow 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 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:…
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