How is ownership established when there are multiple assignees?

When there are multiple assignees or a combination of partial assignees and inventors, establishing ownership for patent applications becomes more complex. According to MPEP 325 and 37 CFR 3.73(c)(2), each owner must submit a statement that either:

1. Specifies the percentage of their ownership interest, accounting for the entire right, title, and interest in the application or patent, or
2. Identifies all parties, including inventors, who together own the entire right, title, and interest, and states that all identified parties own the entire right, title, and interest.

The MPEP states: “Where there is more than one assignee (i.e., partial assignees) or a combination of partial assignees and inventors who have not assigned away their right, title and interest in the application, each owner must submit a statement under 37 CFR 3.73(c) that either:

(A) Specifies (by percentage) the extent of its ownership interest, so as to account for the entire right, title and interest in the application or patent by all parties. 37 CFR 3.73(c)(2)(i); or

(B) Identifies the parties including inventors who together own the entire right, title and interest and state that all the identified parties own the entire right, title and interest. 37 CFR 3.73(c)(2)(ii).”

If the extent of ownership is not clearly set forth, the USPTO may refuse to accept the submission as an establishment of ownership interest.

For more information on multiple assignees, visit: multiple assignees.

For more information on ownership interest, visit: ownership interest.

For more information on partial assignees, visit: partial assignees.