How should applicants notify the USPTO of changes in the real party in interest?

Applicants other than the inventor must notify the USPTO of any change in the real party in interest as follows:

  • Notification should be made no later than payment of the issue fee
  • Changes can be indicated in Box 3 of the PTOL-85B form
  • If no notification is provided, the USPTO will presume no change has occurred

According to MPEP 308: Applicants other than the inventor can notify the Office of a change in the real party in interest by providing the real party in interest in Box 3 of the PTOL-85B. See MPEP § 307. The real party in interest will be listed in the assignee section of the patent. This does not change the applicant designated in the application or on any patent that is granted.

Additionally, 37 CFR 1.46(e) states: Where a real party in interest has filed an application under § 1.46, the applicant shall notify the Office of any change in the real party in interest no later than payment of the issue fee. The Office will treat the absence of such a notice as an indication that there has been no change in the real party in interest.

Topics: MPEP 300 - Ownership and Assignment, MPEP 308 - Issue to Applicant, Patent Law, Patent Procedure
Tags: 37 CFR 1.46, change notification, issue fee, PTOL-85B, real party in interest