Can a patent be issued to an assignee if the assignment is not recorded?

Can a patent be issued to an assignee if the assignment is not recorded?

Yes, a patent can be issued to an assignee even if the assignment is not recorded, provided certain conditions are met:

• The request for issuance of the patent to the assignee must be made under 37 CFR 3.81(b).
• The request must be submitted no later than the date the issue fee is paid.
• The request must include clear evidence of the assignment.

According to MPEP 307: “An assignee who otherwise shows sufficient proprietary interest in the matter may also be entitled to such a patent.” This means that even without a recorded assignment, an assignee can still have the patent issued to them if they can demonstrate their proprietary interest.

For more information on assignee rights, visit: assignee rights.

For more information on patent issuance, visit: patent issuance.

For more information on proprietary interest, visit: proprietary interest.