How is assignee information included in a patent application publication?
The inclusion of assignee information in a patent application publication depends on the filing date of the application and how the information is submitted. According to MPEP 1121:
- For applications filed on or after September 16, 2012:
- Assignee data must be submitted on the Application Data Sheet (ADS)
- For applications filed before September 16, 2012:
- Assignee information must be provided on the application transmittal letter or the Application Data Sheet (ADS) filed with the application
It’s important to note:
“Providing this information on the application transmittal letter or the application data sheet does not substitute for compliance with any requirement of 37 CFR Part 3 to have an assignment recorded by the Office.”
If assignee data is only recorded with the Assignment Division and not provided as specified above, it will not be published as part of the patent application publication.
Errors in assignee information printed on the publication are not considered material mistakes by the Office under 37 CFR 1.221(b) and can only be corrected if the applicant files a request for republication under 37 CFR 1.221(a).
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