When should documentary evidence of ownership be recorded for assignee applicants?

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.

For assignee applicants or persons to whom the inventor is under an obligation to assign the invention, documentary evidence of ownership should be recorded as follows:

  • As provided for in part 3 of Chapter 37 CFR
  • No later than the date the issue fee is paid in the application

According to 37 CFR 1.46(b)(1): 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.

Topics: MPEP 300 - Ownership and Assignment MPEP 308 - Issue to Applicant Patent Law Patent Procedure
Tags: Fees 1 17, Fees 1 18, Pct Receiving Office, Ptab Contested Case