When must ownership be established by an assignee in patent matters?
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.”
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure