37 C.F.R. § 3.21

Identification of patents and patent applications

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An assignment relating to a patent must identify the patent by the patent number. An assignment relating to a national patent application must identify the national patent application by the application number (consisting of the series code and the serial number; e.g., 07/123,456). An assignment relating to an international patent application which designates the United States of America must identify the international application by the international application number; e.g., PCT/US2012/012345. An assignment relating to an international design application which designates the United States of America must identify the international design application by the international registration number or by the U.S. application number assigned to the international design application. If an assignment of a patent application filed under § 1.53(b) of this chapter is executed concurrently with, or subsequent to, the execution of the patent application, but before the patent application is filed, it must identify the patent application by the name of each inventor and the title of the invention so that there can be no mistake as to the patent application intended. If an assignment of a provisional application under § 1.53(c) of this chapter is executed before the provisional application is filed, it must identify the provisional application by the name of each inventor and the title of the invention so that there can be no mistake as to the provisional application intended.

[80 FR 17969, Apr. 2, 2015]

Notes of Decisions

Cited in 2 cases, 2009–2010 · leading case: Euclid Chem. Co. v. Vector Corrosion Tech., Inc., 561 F.3d 1340 (Fed. Cir. 2009).

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Euclid Chem. Co. v. Vector Corrosion Tech., Inc., 561 F.3d 1340 (Fed. Cir. 2009). · cites it 2× “37 C.F.R. § 3.21 . Euclid also points out that Vector did not pay the maintenance *1350 fee that was due in 2004 for the '742 patent; Mr.”

EMD Crop Bioscience Inc. v. Becker Underwood, Inc., 750 F. Supp. 2d 1004 (W.D. Wis. 2010). “Defendant cites 37 C.F.R. § 3.21 , a regulation passed by the United States Patent and Trademark Office, which states that “[a]n assignment relating to a patent must identify the patent by the patent number.”

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