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1309 Issue of Patent

MPEP SECTION SUMMARY

This section covers details regarding the issuance of a patent. Topics covered include the printing of names of practitioners and firms on patents, assignments printed on patents, and assignee names.


All allowed applications ready for printing will be selected by chronological sequence based on the date the issue fee was paid.

A bond paper copy of the patent grant is sealed and mailed by the Office of Data Management.

Special handling will be given to the following applications in these categories:

  • (A) Allowed cases which were made special by the Director.
  • (B) Allowed cases that have a U.S. effective filing date more than 5 years old.
  • (C) Allowed reissue applications.
  • (D) Allowed applications having an effective filing date earlier than that required for declaring an interference with a copending application claiming the same subject matter.
  • (E) Allowed application of a party involved in a terminated interference.


I. PRINTING NAMES OF PRACTITIONERS AND FIRM ON PATENTS

The Fee(s) Transmittal form provides a space for the person submitting the base issue fee to indicate, for printing,

  • (1) the names of up to three registered patent attorneys or agents or, alternatively,
  • (2) the name of a single firm, which has as a member at least one registered patent attorney or agent, and the names of up to two registered patent attorneys or agents.


II. ASSIGNMENT PRINTED ON PATENT

The Fee(s) Transmittal form provides a space for assignment data.

The Office does not look to the assignment record to determine the name of the assignee to be printed on the front of the patent.

  • Therefore, unless an assignee’s name and address are identified in the Fee(s) Transmittal form, the patent will issue to the applicant.

Assignment data printed on the patent will be based solely on the information so supplied.

Recording of the assignment, or submission of the assignment for recordation is required for a Patent to issue to an assignee.


III. ASSIGNEE NAMES

Only the first appearing name of an assignee will be printed on the patent where multiple names for the same party are identified on the Fee(s) Transmittal form.

  • Such multiple names may occur when both a legal name and an “also known as” or “doing business as” name is also included.


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