How can I ensure the correct assignee is listed on a patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 ensure the correct assignee is listed on a patent, you should:
- Complete item 3 of the Fee(s) Transmittal Form (PTOL-85B) with the correct assignment data.
- If the assignee is not the applicant of record, file an appropriate request under 37 CFR 1.46(c) before or with the payment of the issue fee.
As stated in MPEP 1481.01: “Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant.”