1309 Issue of Patent [R-01.2024]

Electronic capture of most of the information to be printed in a patent will begin as soon as an electronic message concerning the allowed application is received in the Office of Data Management, immediately after the Notice of Allowance has been mailed. The application is then electronically exported to Initial Data Capture (IDC) for electronic capture of the patent filed. Upon IDC completion, an electronic message is then sent to the File Maintenance Facility (FMF) to ensure that all post allowance correspondence, fees and drawings have been updated. The application may stay in FMF or until all post-allowance requirements are met.

When the issue fee is paid and all other requirements have been met (e.g., drawings) for issuance as a patent, the application is then electronically exported to the Final Data Capture (FDC) stage. The FDC makes any updates necessary to the electronic file and places the allowed patent application in an issued status. Issue Notifications will be available electronically via the USPTO patent electronic filing system after the payment of the issue fee, usually on the Wednesday or Thursday before the patent issues. For those applicants who participate in the e-Office action program, the USPTO will email notification of the Issue Notification to the applicant's designated email address. For those who do not participate in the e-Office action program, the USPTO will send a mailed Issue Notification prior to the issue date of the patent. However, the USPTO foresees the possibility that a patent may issue electronically before the applicant receives a mailed Issue Notification.

All allowed applications ready for issuance will be selected by chronological sequence based on the date the issue fee was paid. Special handling will be given to the following applications in these categories:

• (A) Allowed cases which were made special by the Director.
• (B) Allowed cases that have an earliest claimed priority date more than 5 years old.
• (C) Allowed reissue applications.
• (D) Allowed applications having an earliest claimed priority date earlier than that required for declaring an interference with a copending application claiming the same subject matter.
• (E) Allowed application of a party involved in a terminated interference.

Effective April 18, 2023, the Office implemented electronic patent issuance. The electronic publication process results in electronic patent issuance under the USPTO seal including the Director’s digital signature shortly after the patent number and issue date are assigned. Patentees are able to view and print their electronically issued patents (including their cover sheets) through the USPTO patent electronic filing system. Electronic patent grants are available in both the public and private views of the USPTO patent electronic filing system on the issue date.

Electronically issued patents are considered printed patents. See 37 CFR 1.9(k) and MPEP § 2128, subsection II.

For information regarding the correction of an issued patent see MPEP Chapter 1400.

I. PRINTING NAMES OF PRACTITIONERS AND FIRM ON PATENTS

The Fee(s) Transmittal form (PTOL-85B) provides a space (item 2) for the person submitting the base issue fee to indicate, for printing, (1) the names of up to three registered patent attorneys or agents or, alternatively, (2) the name of a single firm, which has as a member at least one registered patent attorney or agent, and the names of up to two registered patent attorneys or agents. If the person submitting the issue fee desires that no name of practitioner or firm be printed on the patent, the space on the Fee(s) Transmittal form should be left blank. If no name is listed on the form, no name will be printed on the patent.

II. ASSIGNMENT PRINTED ON PATENT

The Fee(s) Transmittal form (PTOL -85B) provides a space (item 3) for assignment data which should be completed in order to comply with 37 CFR 3.81. The Office does not look to the assignment record to determine the name of the assignee to be printed on the front of the patent. Therefore, 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. See MPEP § 307. Recording of the assignment, or submission of the assignment for recordation as set forth in 37 CFR 3.11 is required for a Patent to issue to an assignee. See 37 CFR 3.81(a).

III. ASSIGNEE NAMES

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 practice of recording assignments with 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.” 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.

IV.COVER SHEET OF ELECTRONIC PATENT GRANT

The electronic patent grant cover sheet is nearly identical in appearance to the cover sheets previously used for paper patents, except that the seal and Director’s signature are in digital form. Importantly, the digital seal and electronic signature of the Director on the electronic patent grant cover sheet are in conformance with 35 U.S.C. 153, which requires that patents be issued "under the seal of the Patent and Trademark Office, and shall be signed by the Director or have [her or] his signature placed thereon and shall be recorded in the Patent and Trademark Office." The new seal is an official USPTO seal in digital form that serves to authenticate the patent, in conformance with 35 U.S.C. 2(b)(1). An encrypted digital signature that may be used to validate the electronic patent document as the issued patent is embedded within the seal.

[top]