How can I change the applicant in a nonprovisional international design application?
To change the applicant in a nonprovisional international design application after an original applicant has been specified, you must follow these steps:
- Submit a corrected application data sheet (ADS) under 37 CFR 1.76
- Specify the new applicant in the applicant information section of the ADS
- Comply with 37 CFR 3.71 and 3.73 to establish ownership
MPEP 2920.02 states: “Any request to change the applicant under 37 CFR 1.46 after an original applicant has been specified must include a corrected application data sheet (ADS) under 37 CFR 1.76 specifying the applicant in the applicant information section in accordance with 37 CFR 1.76(c)(2) and must comply with 37 CFR 3.71 and 3.73.“
This means that when changing the applicant, you must not only update the information but also prove the new applicant’s ownership of the application.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.02 - Applicant,
Patent Law,
Patent Procedure