What happens if the assignee’s name is not provided on the Fee(s) Transmittal form?
If the assignee’s name and address are not identified in item 3 of the Fee(s) Transmittal form (PTOL-85B), the following occurs:
- The patent will issue to the applicant instead of the assignee.
- Assignment data printed on the patent will be based solely on the information supplied on the PTOL-85B form.
As stated in the MPEP: Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant. Assignment data printed on the patent will be based solely on the information so supplied.
It’s crucial for applicants and assignees to ensure that the correct information is provided on the PTOL-85B form to avoid any issues with patent issuance to the intended party.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 307 - Issue to Non - Applicant Assignee,
Patent Law,
Patent Procedure