How does an assignee establish ownership to take action in a patent application?

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.”