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

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: issue fee, patent assignment, recordation, USPTO procedures