What happens if an assignee’s ownership changes during patent prosecution?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
If an assignee’s ownership changes during patent prosecution, it’s crucial to update the USPTO records. As per MPEP 325:
“A new statement under 37 CFR 3.73(c) is required to be filed when ownership changes to another assignee.”
This means that:
- The new assignee must file a new 37 CFR 3.73(c) statement.
- The new statement must establish the new assignee’s ownership.
- Until the new statement is filed, the previous assignee remains the party of record.
It’s important to keep ownership records up-to-date to ensure that the correct party has the right to take action in the application.
For more information on patent prosecution, visit: patent prosecution.
For more information on USPTO records, visit: USPTO records.
Topics:
MPEP 300 - Ownership and Assignment
Patent Law
Patent Procedure