MPEP Q & A 228: Who is listed on the assignee section of a patent?



Who will be listed in the assignee section of a patent?


The real party in interest will be listed in the assignee section of the patent. 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.

Chapter Details:

The answer to this question can be found in chapter 300 of the MPEP. This chapter covers Ownership and Assignment.

The answer is from the 9th Edition, Revision 10.2019. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 308 of the MPEP.  The following is a brief summary of section 308.

308    Issue to Applicant

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.

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