When should documentary evidence of ownership be recorded for a patent application?
According to 37 CFR 1.46(b)(1), documentary evidence of ownership should be recorded as follows:
“If the applicant is the assignee or a person to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership (e.g., assignment for an assignee, employment agreement for a person to whom the inventor is under an obligation to assign the invention) should be recorded as provided for in part 3 of this chapter no later than the date the issue fee is paid in the application.”
In other words, if you’re filing as an assignee or obligated assignee, you should record your documentary evidence of ownership (such as an assignment or employment agreement) with the USPTO no later than when you pay the issue fee for your patent application.
For more information on documentary evidence, visit: documentary evidence.