How does an assignee establish ownership to take action in a patent 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 establish ownership and take action in a patent application filed on or after September 16, 2012, an assignee who is not the original applicant must:

1. File a request to change the applicant under 37 CFR 1.46(c)(2)
2. File an application data sheet under 37 CFR 1.76 specifying the assignee as the applicant
3. Submit a statement under 37 CFR 3.73(c) establishing ownership

The 37 CFR 3.73(c) statement must contain either:

• Documentary evidence of a chain of title from the original owner to the assignee and a statement affirming that the documentary evidence was submitted for recordation, or
• A statement specifying where such evidence is recorded in the Office (e.g., reel and frame number)

The MPEP states: “The establishment of ownership by the assignee must be submitted prior to, or at the same time as, the paper requesting or taking action is submitted.”