How are partial assignees handled in patent issuance?
The USPTO has specific provisions for handling partial assignees in patent issuance:
- If one or more assignees, together with one or more inventors, hold the entire right, title, and interest in the application, the patent may issue in the names of both the assignee(s) and the inventor(s).
- If multiple assignees hold the entire right, title, and interest to the exclusion of all inventors, the patent may issue in the names of the multiple assignees.
This is outlined in 37 CFR 3.81(c): (1) If one or more assignee, together with one or more inventor, holds the entire right, title, and interest in the application, the patent may issue in the names of the assignee and the inventor. (2) If multiple assignees hold the entire right, title, and interest to the exclusion of all the inventors, the patent may issue in the names of the multiple assignees.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 307 - Issue to Non - Applicant Assignee,
Patent Law,
Patent Procedure