What is the difference between pre-AIA and AIA applications regarding assignee filing?

What is the difference between pre-AIA and AIA applications regarding assignee filing?

The key difference between pre-AIA (America Invents Act) and AIA applications regarding assignee filing lies in the requirements for establishing the right of an assignee to take action:

• Pre-AIA applications (filed before September 16, 2012): The assignee must establish their right to take action by filing evidence of ownership in the USPTO.
• AIA applications (filed on or after September 16, 2012): The assignee can simply be named as the applicant, eliminating the need to file evidence of ownership.

As stated in MPEP 324: “For applications filed on or after September 16, 2012, the original applicant is presumed to be the owner of an application for an original patent, and any patent that may issue therefrom, unless there is an assignment.”

For more information on pre-AIA, visit: pre-AIA.