Can multiple assignees take action in a patent application?
Can multiple assignees take action in a patent application?
Yes, multiple assignees can take action in a patent application, but there are specific requirements they must meet. The MPEP 325 states:
“Where multiple assignees are named in the statement under 37 CFR 3.73(c) and/or the Form PTO/AIA/96, and they are not named as joint owners in a single statement or form, the statement or form must be modified accordingly.”
This means that:
- Multiple assignees can be named in a single statement or form if they are joint owners
- If they are not joint owners, separate statements or forms must be submitted for each assignee
- Each assignee must establish their right to take action as per 37 CFR 3.71 and 37 CFR 3.73
It’s important to note that the USPTO will not mediate disputes between assignees. If there are conflicting instructions from multiple assignees, the USPTO may suspend action on the application.
For more information on multiple assignees, visit: multiple assignees.
For more information on USPTO procedures, visit: USPTO procedures.
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure