MPEP § 307 — MPEP § 307
Current through: 2022-07-01

307-Issue to Non-Applicant Assignee 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 0300 

 Section 307 
 

 
 
 
 
 
 307 Issue to Non-Applicant Assignee [R-01.2024]

 
 35 U.S.C. 152 
 Issue of patent to assignee. 

 Patents may be granted to the assignee of the inventor of record in the
 Patent and Trademark Office, upon the application made and the specification sworn to by
 the inventor, except as otherwise provided in this title.
 

 

 
 37 CFR 3.81 Issue of patent to assignee. 

 
 (a) With payment of the issue fee: An application may issue in the
 name of the assignee consistent with the application’s assignment where a request
 for such issuance is submitted with payment of the issue fee, provided the
 assignment has been previously recorded in the Office. If the assignment has not
 been previously recorded, the request must state that the document has been filed
 for recordation as set forth in § 3.11 .
 

 (b) After payment of the issue fee: Any request for issuance of an
 application in the name of the assignee submitted after the date of payment of the
 issue fee, and any request for a patent to be corrected to state the name of the
 assignee, must state that the assignment was submitted for recordation as set
 forth in §
 3.11 before issuance of the patent, and must include a
 request for a certificate of correction under § 1.323 of this chapter
 (accompanied by the fee set forth in § 1.20(a) ) and the processing
 fee set forth in § 1.17 (i) of this
 chapter.
 

 (c) Partial assignees. 
 (1) If one or more assignee, together with one or
 more inventor, holds the entire right, title, and interest in the
 application, the patent may issue in the names of the assignee and the
 inventor.
 

 (2) If multiple assignees hold the entire right, title, and
 interest to the exclusion of all the inventors, the patent may issue in the
 names of the multiple assignees.
 

 
 

 
 

 

 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. Such a request must indicate that the assignment has been previously recorded
 in the Office. If the assignment has not been previously recorded in the Office, the
 request must state that the document has been filed for recordation as set forth in
 37 CFR
 3.11 . See 37 CFR 3.81(a) . See
 MPEP §
 308 for information regarding issuance of a patent to an assignee
 who is the applicant in an application filed on or after September 16, 2012.
 

 If a request for issuance to an assignee pursuant to 37 CFR 3.81(b) is
 submitted after the day on which the issue fee is paid, the request under 37 CFR 3.81(b) must
 include a request for a certificate of correction under 37 CFR 1.323 (accompanied by the fee
 set forth in 37 CFR
 1.20(a) ) and the processing fee set forth in 37 CFR
 1.17(i) . The request under 37 CFR 3.81(b) must state that the
 assignment was submitted for recordation as set forth in 37 CFR 3.11 before
 issuance of the patent. The Office will issue a certificate of correction to reflect that
 the patent issued to the assignee provided the requirements of 37 CFR 3.81(b) and
 37 CFR
 1.323 are complied with.
 

 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,
 PTOL-85B. Such multiple names may occur when both a legal name and an “also known as” or
 “doing business as” name is also included. This printing practice will not, however, affect
 the existing practice of recording assignments with the Office in the Assignment
 Recordation Branch. The assignee entry on form PTOL-85B should still be completed to
 indicate the assignment data as recorded in the Office. For example, the assignment filed
 in the Office and, therefore, the PTOL-85B assignee entry might read “Smith Company doing
 business as (d.b.a.) Jones Company.” The assignee entry on the printed patent will read
 “Smith Company.” 
 

 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. Assignment
 information printed on a patent is not updated after a patent is issued, and may not be
 reflective of the assignment recorded in the Office subsequent to the issuance of the
 patent. Detailed assignment information can be found by performing an assignment search on
 the USPTO website and by inspecting the recorded assignment documents.
 

 A request for a certificate of correction under 37 CFR 1.323 (see
 MPEP §§
 1481 and 1485 ) arising from incomplete or erroneous
 assignee’s name furnished, or a missing assignee’s name, in item 3 of PTOL-85B will not be
 granted unless a request under 37 CFR 3.81(b) has been granted and the
 assignment was submitted for recordation as set forth in 37 CFR 3.11 before
 the patent issued. Any such request under 37 CFR 3.81(b) should be directed to
 the Office of Petitions and should include: 
 

 
 (A) the processing fee required by 37 CFR
 1.17(i) ;
 

 (B) a request for issuance of the application in the name of the
 assignee, or a request that a patent be corrected to state the name of the assignee;
 
 

 (C) a statement that the assignment was submitted for recordation as set
 forth in 37 CFR
 3.11 before the issuance of the patent; and 
 

 (D) a request for a certificate of correction under 37 CFR 1.323 
 accompanied by the fee set forth in 37 CFR 1.20(a) .
 

 
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 301-Ownership/Assignability of Patents and Applications 
 301.01-Accessibility of Assignment Records 

 
 

 302-Recording of Assignment Documents 
 302.01-Assignment Document Must Be Copy for Recording 

 302.02-Translation of Assignment Document 

 302.03-Identifying Patent or Application 

 302.04-Foreign Assignee May Designate Domestic Representative 

 302.05-Address of Assignee 

 302.06-Fee for Recording 

 302.07-Assignment Document Must Be Accompanied by a Cover Sheet 

 302.08-Mailing Address for Submitting Assignment Documents 

 302.09-Facsimile Submission of Assignment Documents 

 302.10-Electronic Submission of Assignment Documents 

 
 

 303-Assignment Documents Not Endorsed on Pending Applications 

 304‑305-[Reserved] 

 306-Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application 
 306.01-Assignment of an Application Claiming the Benefits of a Provisional Application 

 
 

 307-Issue to Non-Applicant Assignee 

 308-Issue to Applicant 

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

 310-Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development 

 311-Filing of Notice of Arbitration Awards 

 312-[Reserved] 

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

 314-Certificates of Change of Name or of Merger 

 315-Indexing Against a Recorded Certificate 

 316-[Reserved] 

 317-Handling of Documents in the Assignment Recordation Branch 
 317.01-Recording Date 

 317.02-Correction of Unrecorded Returned Documents and Cover Sheets 

 317.03-Effect of Recording 

 
 

 318-Documents Not to be Placed in Files 

 319-[Reserved] 

 320-Title Reports 

 321‑322-[Reserved] 

 323-Procedures for Correcting Errors in Recorded Assignment Document 
 323.01-Correction of Error in Recorded Cover Sheet 
 323.01(a)-Typographical Errors in Cover Sheet 

 323.01(b)-Typographical Errors in Recorded Assignment Document 

 323.01(c)-Assignment or Change of Name Improperly Filed and Recorded by Another Person Against Owner’s Application or Patent 

 323.01(d)-Expungement of Assignment Records 

 
 

 
 

 324-Establishing Right of Assignee To Take Action in Application Filed Before September 16, 2012 

 325-Establishing Right of Assignee To Take Action in Application Filed On or After September 16, 2012 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:51