What is the process for establishing ownership in a patent application filed before September 16, 2012?

To establish ownership in a patent application filed before September 16, 2012, an assignee must submit evidence to the USPTO as per pre-AIA 37 CFR 3.73(b). This can be done by either:

• Submitting documentary evidence of a chain of title from the original owner to the assignee, along with a statement affirming that this evidence was or is being submitted for recordation.
• Providing a statement specifying where such evidence is recorded in the USPTO (by reel and frame number).

As stated in the MPEP: The establishment of ownership by the assignee must be submitted prior to, or at the same time as, the paper requesting or taking action is submitted. This ensures that the assignee has the right to take action in the application.

For more information on assignee rights, visit: assignee rights.

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

For more information on USPTO procedures, visit: USPTO procedures.