How does an assignee become of record in a patent application?

How does an assignee become of record in a patent application?

An assignee must become of record in a patent application before they can revoke the power of attorney given by the applicant. According to MPEP 402.07, this process involves:

  1. Filing a statement under 37 CFR 3.73(c)
  2. Complying with the requirements of 37 CFR 3.71

The MPEP states:

“The assignee must become of record as provided in 37 CFR 3.71. After the assignee becomes of record, the assignee is permitted to revoke the power of attorney of the applicant under the provisions of 37 CFR 1.36(a).”

This typically involves submitting documentary evidence of the chain of title from the original owner to the assignee, such as assignment documents. Once the USPTO recognizes the assignee as the owner of record, they can proceed with revoking the existing power of attorney and appointing a new one.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: USPTO procedures