What happens if an assignee fails to comply with 37 CFR 3.81(b) when requesting issuance of a patent?

If an assignee fails to comply with 37 CFR 3.81(b) when requesting issuance of a patent to the assignee, the patent may still be issued to the assignee. However, the USPTO will not include the assignee data on the patent.

According to the MPEP 307: Failure to comply with the provisions of 37 CFR 3.81(b) will not impact the issuance of the patent. However, the Office will not include the assignee data on the patent if the assignee data is not submitted in compliance with 37 CFR 3.81(b).

This means that while the patent will be issued, the official patent document will not reflect the assignee information, which could potentially cause complications in establishing ownership records.

For more information on patent issuance, visit: patent issuance.

Topics: MPEP 300 - Ownership and Assignment, MPEP 307 - Issue to Non - Applicant Assignee, Patent Law, Patent Procedure
Tags: patent issuance