What happens if the assignment is not recorded before the issue fee payment?

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 the assignment has not been recorded before the issue fee payment, the following applies:

  • The request for issuance to the assignee must state that the assignment document has been filed for recordation.
  • This statement should be made in accordance with 37 CFR 3.11.

As stated in 37 CFR 3.81(a): If the assignment has not been previously recorded, the request must state that the document has been filed for recordation as set forth in § 3.11.

Topics: MPEP 300 - Ownership and Assignment MPEP 307 - Issue to Non - Applicant Assignee Patent Law Patent Procedure
Tags: Assignment Ownership, Fees, Fees 1 17, Fees 1 18, recordable documents