What are the requirements for issuing a patent to an assignee after the issue fee has been paid?
If a request for issuance to an assignee is submitted after the issue fee has been paid, the following requirements must be met:
- Submit a request under 37 CFR 3.81(b)
- Include a request for a certificate of correction under 37 CFR 1.323
- Pay the fee for the certificate of correction (set forth in 37 CFR 1.20(a))
- Pay the processing fee (set forth in 37 CFR 1.17(i))
- State that the assignment was submitted for recordation before the patent was issued
As stated in MPEP 307: “If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee set forth in 37 CFR 1.20(a)) and the processing fee set forth in 37 CFR 1.17(i).”
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on issue fee, visit: issue fee.
For more information on patent assignment, visit: patent assignment.
For more information on patent issuance, visit: patent issuance.