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).
Facts: Assignment to practitioner then inventor dies
(I said practitioner may continue because of the partial interest)
If inventors A, B assign their interests away to different companies, and then inventors C, D come along and want to be added? It was a bit of a mess, the situation, and I concluded on my quick searches and readings in the MPEP that because there was no agreement between the inventors, they could not add them. Anyone know this question or can recall better than me?