Can a request for issuance to an assignee be submitted after the issue fee is paid?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a request for issuance to an assignee can be submitted after the issue fee is paid, but additional requirements apply:

1. The request must state that the assignment was submitted for recordation before patent issuance.
2. It must include a request for a certificate of correction under 37 CFR 1.323.
3. The appropriate fees must be paid, including the certificate of correction fee and a processing fee.

37 CFR 3.81(b) states: Any request for issuance of an application in the name of the assignee submitted after the date of payment of the issue fee, and any request for a patent to be corrected to state the name of the assignee, must state that the assignment was submitted for recordation as set forth in § 3.11 before issuance of the patent, and must include a request for a certificate of correction under § 1.323 of this chapter (accompanied by the fee set forth in § 1.20(a)) and the processing fee set forth in § 1.17(i) of this chapter.