Assignee not of record may assign small entity
From Patentbarquestions
Which documents can an assignee not of record sign?
One question was, what things can an assignee sign, if he has never properly recorded his ownership?
Answer: Small Entity Status only
- MPEP 324 VII. WHEN OWNERSHIP NEED NOT BE ESTABLISHED
- Examples of situations where ownership need not be established under 37 CFR 3.73(b) are when the assignee:
- signs a request for a continued prosecution application under 37 CFR 1.53(d), where papers establishing
- ownership under 37 CFR 3.73(b) were filed in the prior application and ownership has not changed (MPEP §
- 201.06(d)); signs a small entity statement (MPEP § 509.03); signs a statement of common ownership of two
- inventions (MPEP § 706.02(l)(2)); signs a NASA or DOE property rights statement (MPEP § 151); signs an
- affidavit under 37 CFR 1.131 where the inventor is unavailable (MPEP § 715.04); signs a certificate under
- 37 CFR 1.8 (MPEP § 512); or files a request for reexamination of a patent under 37 CFR 1.510 (MPEP § 2210).

