MPEP § 1481.01 — Correction of Assignees’ Names

Ninth Edition, Revision 01.2024 · last revised R-01.2024

The Fee(s) Transmittal Form portion (PTOL-85B) of the Notice of Allowance provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. Unless an assignee’s name and address are identified in the appropriate space for specifying the assignee, (i.e., item 3 of the Fee(s) Transmittal Form PTOL-85B), the patent will issue to the applicant. Providing assignee information on the form PTOL-85B will result in identification of the assignee in the assignee field of the issued patent, but will not affect any change in the applicant of record. If the assignee is not the applicant of record, then an appropriate request under 37 CFR 1.46(c) must be filed before or with the payment of the issue fee for the patent to reflect the assignee as both the applicant and the assignee. Assignment data printed on the patent will be based solely on the information supplied with the form PTOL-85B (or its equivalent) on the date that the issue fee is paid. Assignment information submitted after issue fee payment will not be printed on the patent.

Any request for the 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:

• (A) state that the assignment was submitted for recordation as set forth in 37 CFR 3.11 before issuance of the patent;
• (B) include a request for a certificate of correction under 37 CFR 1.323 along with the fee set forth in 37 CFR 1.20(a); and
• (C) include the processing fee set forth in 37 CFR 1.17(i).

See 37 CFR 3.81(b).

Request to add or change the assignee information which does not comply with 37 CFR 3.81(b) will not be granted. Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.