How can I change the applicant in a nonprovisional international design application?

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.

To change the applicant in a nonprovisional international design application after an original applicant has been specified, you must follow these steps:

1. Submit a corrected application data sheet (ADS) under 37 CFR 1.76
2. Specify the new applicant in the applicant information section of the ADS
3. 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.