ePetition Filing Requirements: Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81 (b))

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Below are the general filing requirements for an ePetition requesting to correct the issuance of a patent to an assignee after payment of the issue fee, pursuant to 37 CFR 3.81(b):

  • Only registered users of the Patent Electronic System may file this petition as an ePetition.

  • The user must enter a valid U.S. application number.

  • The application number entered cannot be for a provisional application or plant application.

  • The application must be in an allowed status.

  • The Issue fee must have been paid.

  • A Request for Certificate of Correction must be attached.

  • If the filer has power of attorney, a valid Registration Number must be entered.

  • The filer must indicate the current entity status.

NOTE: A successful ePetition submission will result in an Electronic Acknowledgement Receipt and Grant Letter being generated. Petitioners should verify that the information on the Electronic Acknowledgement Receipt and Grant Letter is complete and accurate as proof that the ePetition submission was successful.

Additional information on petitions to correct assignees’ names after payment of the issue fee can be found in MPEP 1481.01.