What documentation is required when filing a patent application as an assignee or obligated assignee?

When filing a patent application as an assignee or obligated assignee, specific documentation is required to establish the right to apply for the patent. According to MPEP 409.05:

Quote: ‘The assignee or obligated assignee who files the application must comply with the oath or declaration requirements of 37 CFR 1.63, including meeting the citizenship requirement of 37 CFR 1.63(a)(3).’

The required documentation includes:

  • A properly executed oath or declaration from the inventors
  • An assignment document or proof of obligation to assign
  • Application Data Sheet (ADS) identifying the assignee as the applicant

Additionally, if filing as an obligated assignee, you may need to provide evidence of the obligation to assign, such as an employment agreement or contract. It’s important to ensure all documentation is complete and accurate to avoid potential issues with the patent application process.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Assignee, declaration, documentation, oath, obligated assignee