Who can sign a submission establishing ownership for a pre-AIA patent application?

For pre-AIA patent applications (filed before September 16, 2012), the submission establishing ownership must be signed by a party authorized to act on behalf of the assignee. According to MPEP 324, this can be done in several ways:

• A person with apparent authority in the organization, such as an officer (e.g., CEO, president, vice-president, secretary, or treasurer).
• Any person, if the submission clearly states that the person is authorized to act on behalf of the assignee.
• A person empowered by an organizational resolution, if a copy of the resolution is submitted.

The MPEP notes: Where a submission does not comply with (A), (B), or (C) above, evidence of the person’s authority to sign will be required. It’s important to ensure that the proper authority is established to avoid delays in patent prosecution.

For more information on assignee rights, visit: assignee rights.

For more information on authorized signatories, visit: authorized signatories.

For more information on pre-AIA applications, visit: pre-AIA applications.