When must ownership be established by an assignee in patent matters?

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.

An assignee must establish ownership under 37 CFR 3.73(c) in various situations, including when the assignee:

• Signs a request for status of an application
• Gives a power to inspect an application
• Appoints its own registered attorney or agent to prosecute an application
• Signs a disclaimer under 37 CFR 1.321
• Consents to the filing of a reissue application
• Signs a Fee Transmittal (PTOL-85B)

The MPEP notes: “Effective September 16, 2012, a juristic entity (e.g., organizational assignee) must be represented by a patent practitioner.”