307 Issue to Non-Applicant Assignee
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| 307 |
Normally, for a patent to issue to an assignee (other than an assignee who is the applicant in an application filed on or after September 16, 2012), a request for issuance of the application in the name of the assignee must be filed in the United States Patent and Trademark Office (Office) at a date not later than the day on which the issue fee is paid.
- If the assignment has not been previously recorded in the Office, the request must state that the document has been filed for recordation.
If a request for issuance to an assignee is submitted after the day on which the issue fee is paid, the request must include a request for a certificate of correction along with the proper fees.
Unless an assignee’s name and address are identified in item 3 of the Fee(s) Transmittal form PTOL-85B, the patent will issue to the applicant.
- Assignment data printed on the patent will be based solely on the information so supplied.
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The real party in interest will be listed in the assignee section of the patent and to clarify that this does not change the applicant designated in the application or for any patent that is granted.
- Any desired change to the designated applicant must be made in accordance with 37 CFR 1.46 no later than issue fee payment.
309 Restrictions Upon Employees of U.S. Patent and Trademark Office
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| 309 |
Officers and employees of the Patent and Trademark Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent and of acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent, issued or to be issued by the Office. In patents applied for thereafter they shall not be entitled to any priority date earlier than one year after the termination of their appointment.
» 313 Recording of Licenses, Security Interests, and Other Documents Other Than Assignments
