How should a patent or application be identified in an assignment document?

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.

According to 37 CFR 3.21 and MPEP 302.03, a patent or application should be identified in an assignment document as follows:

• For a patent: Use the patent number
• For a national patent application: Use the application number (series code and serial number, e.g., 07/123,456)
• For an international patent application designating the U.S.: Use the international application number (e.g., PCT/US2012/012345)
• For an international design application designating the U.S.: Use either the international registration number or the U.S. application number

For applications not yet filed or without an assigned number:

• For a non-provisional application: Identify by inventor name(s) and the title of the invention
• For a provisional application: Identify by inventor name(s) and the title of the invention

MPEP 302.03 suggests: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording is: ‘I hereby authorize and request my attorney, (Insert name), of (Insert address), to insert here in parentheses (Application number , filed ) the filing date and application number of said application when known.’”