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307    Issue to Non-Applicant Assignee

MPEP SECTION SUMMARY Discusses when a patent can issue to a non-applicant assignee. Essentially, for a patent to issue to an assignee, the request must be filed no later than the day the issue fee is paid.

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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.
  
  

MPEP SECTION SUMMARY Where a patent is granted on an application filed by a person other than the inventor, the Office must grant the patent to the real party of interest. Applicants, other than the inventor, are required to notify the Office of any change in the real party of interest in reply to a notice of allowance.

 

309 Restrictions Upon Employees of U.S. Patent and Trademark Office

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» 313 Recording of Licenses, Security Interests, and Other Documents Other Than Assignments