How is assignment information included on an issued patent?
Assignment information can be included on an issued patent through the Fee(s) Transmittal form (PTOL-85B). As stated in MPEP 1309:
“The Fee(s) Transmittal form (PTOL-85B) provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. The Office does not look to the assignment record to determine the name of the assignee to be printed on the front of the patent.”
It’s crucial to note that:
- Only the information provided in item 3 of the PTOL-85B form will be used for printing the assignee on the patent.
- Recording of the assignment or submission for recordation is required for a patent to issue to an assignee (MPEP § 307).
- Only the first appearing name of an assignee will be printed on the patent if multiple names are provided.
To change the applicant of record to the assignee, a separate request under 37 CFR 1.46(c) must be filed.
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