What is the process for changing the applicant in a U.S. National Stage Application?

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.

To change the applicant in a U.S. National Stage Application after an original applicant has been specified, the following steps must be taken:

1. Submit an Application Data Sheet (ADS) under 37 CFR 1.76
2. Specify the new applicant in the applicant information section (37 CFR 1.76(b)(7))
3. Ensure the ADS complies with 37 CFR 1.76(c)(2)
4. Comply with 37 CFR 3.71 and 37 CFR 3.73

The MPEP states: “Any request to change the applicant under this section after an original applicant has been specified must include an application data sheet under § 1.76 specifying the applicant in the applicant information section (§ 1.76(b)(7)) in accordance with § 1.76(c)(2) and comply with §§ 3.71 and 3.73 of this title.” (See MPEP 1893.01(b))

Additionally, the MPEP notes: “A request to change the applicant under 37 CFR 1.46(c)(2) must include an ADS specifying the corrected applicant and a statement under 37 CFR 3.73. The 37 CFR 3.73 statement must be furnished before or concurrently with the ADS specifying the corrected applicant.“