Can an assignee take action in a patent application if the assignment is not yet recorded in the USPTO?

Generally, an assignee cannot take action in a patent application if the assignment is not yet recorded in the USPTO. However, there is a specific provision for situations where the assignment has been executed but not yet recorded.

According to MPEP 324: If an assignment has not been recorded in the Office, the assignee may take action in a patent application under 37 CFR 3.73(b) by submitting a statement under 37 CFR 3.73(b) which is signed by a party authorized by the assignee.

This means that even if the assignment is not yet recorded, the assignee can still take action by:

• Submitting a statement under 37 CFR 3.73(b)
• Ensuring the statement is signed by an authorized party
• Including a copy of the assignment document with the statement

However, it’s important to note that the assignment must still be recorded in the USPTO no later than the date of payment of the issue fee. Failure to record the assignment by this deadline could result in the loss of assignee rights.

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