[Patentpractice] Recording Applicant name change for issued patent

[Randall Svihla]

Hi, Allen

Yes, that is correct.  I have spoken with the Office of Patent Legal Administration about this before, and they confirmed that the Applicant's name cannot be changed after the patent has issued.  In fact, it cannot be changed after the Issue Fee has been paid.  See MPEP 605.01(III), which states as follows:

If a 37 CFR 1.46 applicant’s name changes (e.g., XYZ, LLC changes its name to XYZ, Inc.), a request to update the name of the applicant under 37 CFR 1.46(c)(1) should be filed promptly and must be filed no later than payment of the issue fee.  The request, which can essentially be a signed transmittal letter, must be filed with an application data sheet under 37 CFR 1.76 specifying the correct name of the applicant in the applicant information section (37 CFR 1.76(b)(7)) and must be shown with appropriate markings (underlining for additions, strikethrough for deletions).  The request should be clear that the request is being filed under 37 CFR 1.46(c)(1) rather than 37 CFR 1.46(c)(2).  Neither a fee nor a statement under 37 CFR 3.73(c) is required, however, applicant may submit a statement under 37 CFR 3.73(c) that includes a reference to the name change document, if desired.

However, if the Applicant is an Assignee, you can record a Change of Name showing the name change in the USPTO Assignment Center.

Best regards,

Randall S. Svihla
NSIP Law
Washington, D.C.


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Allen Richter (allenr--- via Patentpractice
Sent: Sunday, January 5, 2025 3:18 AM
To: patentpractice at oppedahl-lists.com
Cc: Allen Richter (allenr at richterpatent.com) <allenr at richterpatent.com>
Subject: [Patentpractice] Recording Applicant name change for issued patent
Sensitivity: Confidential

Dear all,

I have the following question concerning recording an Applicant’s (entity) name change.

According to the MPEP: https://www.uspto.gov/web/offices/pac/mpep/s605.html

“Furthermore, a request to change the applicant under 37 CFR 1.46(c)(2)<https://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#ar_d22550_1b80b_203> should not be filed after the patent has issued because such a request cannot be granted”

Just to confirm, does this mean that the Applicant's name cannot be changed once the patent has been granted?

Best regards,

Allen
European, Swiss & Israeli Patent Attorney
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