How do I prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application?

To prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application, you must submit the following:

  • A copy of the assignment in English
  • A statement under pre-AIA 37 CFR 3.73(b) by the assignee

According to MPEP 409.03(f):

“If the application has been assigned, a copy of the assignment (in the English language) must be submitted. The assignment must clearly indicate that the invention described in the pre-AIA 37 CFR 1.47(b) application was assigned to the pre-AIA 37 CFR 1.47(b) applicant. A statement under pre-AIA 37 CFR 3.73(b) by the assignee must also be submitted (see MPEP § 324).”

It’s important to note that the assignment must specifically cover the invention described in the application. General assignments may not be sufficient.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Assignment, pre-AIA, Proof Of Ownership