What are the requirements for an assignee to take action in a patent application filed on or after September 16, 2012?

For an assignee to take action in a patent application filed on or after September 16, 2012, the following requirements must be met:

  • The assignee must be of the entire right, title, and interest in the application.
  • A statement under 37 CFR 3.73(c) must be filed in the application.
  • The statement must identify the assignee and establish the assignee’s ownership.

As stated in MPEP 325: “The assignee must establish its ownership of the entire right, title, and interest in an application in order to take action in that application.”

For more information on 37 CFR 3.73(c), visit: 37 CFR 3.73(c).

Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: 37 CFR 3.73(c)