What is the process for issuing a patent to a non-applicant assignee?

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.

The process for issuing a patent to a non-applicant assignee involves the following steps:

  1. A request for issuance to the assignee must be submitted with the payment of the issue fee.
  2. The assignment must have been previously recorded in the USPTO or filed for recordation.
  3. If the request is submitted after the issue fee payment, additional requirements apply, including a request for a certificate of correction and associated fees.

According to 37 CFR 3.81(a): An application may issue in the name of the assignee consistent with the application’s assignment where a request for such issuance is submitted with payment of the issue fee, provided the assignment has been previously recorded in the Office.

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