What is the significance of the issue fee payment date for patent assignments?
What is the significance of the issue fee payment date for patent assignments?
The issue fee payment date is crucial for patent assignments and issuance to assignees for several reasons:
- It serves as the deadline for requesting issuance of the patent to the assignee under 37 CFR 3.81(b).
- Assignments recorded after this date but before patent issuance will be recorded but won’t affect who the patent is issued to.
- It impacts the USPTO’s ability to change the name on the patent.
MPEP 307 states: “If the assignment is submitted for recording after the date of payment of the issue fee, but prior to issuance of the patent, the assignment will be recorded but the patent will issue to the name of the inventor.” This underscores the importance of timely assignment recording and requests for issuance to the assignee.
For more information on assignment recording, visit: assignment recording.
For more information on issue fee, visit: issue fee.
For more information on patent assignment, visit: patent assignment.
For more information on patent issuance, visit: patent issuance.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 307 - Issue to Non - Applicant Assignee,
Patent Law,
Patent Procedure