筆記
在9.16.2012之前的美國專利舊法，專利申請人於提交專利申請時（包括商標）同時提供受讓書（assignment），但在9.16.2012實施專利新法後的新申請案，會認定專利申請人（applicant）即為受讓人（assignee），申請人可自行委任代理人，無需符合37CFR3.71, 3.73應提交經發明人讓與的受讓書的規定。
現階段（舊法）
一般來說，專利申請人本身應該是專利的受讓人（assignee），也就是專利審理期間（包括再審程序）的代表人，因此對於一件專利申請案來說，由發明人讓與給受讓人的簽署文件（assignement）為必要文件，相關的規範可參考37CFR3.71。
如果受讓人為一個人，就由此受讓人全權負責整個專利程序的控管、委任，情況較為單純；複雜的是，若受讓人部份包括發明人本人，任何專利程序的決定須由全體受讓人執行，也就是沒有一個人擁有所有的權利。
37CFR3.73規範受讓人的權利，專利的發明人為當然的專利擁有人，除非經過讓與（assignment），比如職務上發明通常會讓與給公司；商標的申請人也應為商標的擁有人，除非經過讓與。
讓與的程序就影響了專利或商標的擁有人（ownership），一般讓與需要受讓文件（assignment）。
[原CFR原文]
37 CFR §3.71 Prosecution by assignee.
(a)
Patents -- conducting of prosecution. One or more assignees as defined in paragraph (b) of this section may, after becoming of record pursuant to paragraph (c) of this section, conduct prosecution of a national patent application or a reexamination proceeding to the exclusion of either the inventive entity, or the assignee(s) previously entitled to conduct prosecution.
(b)
Patents -- Assignee(s) who can prosecute. The assignee(s) who may conduct either the prosecution of a national application for patent or a reexamination proceeding are:
(1)
A single assignee. An assignee of the entire right, title and interest in the application or patent being reexamined who is of record, or
(2)
Partial assignee(s) together or with inventor(s). All partial assignees, or all partial assignees and inventors who have not assigned their right, title and interest in the application or patent being reexamined, who together own the entire right, title and interest in the application or patent being reexamined. A partial assignee is any assignee of record having less than the entire right, title and interest in the application or patent being reexamined.
(c)
Patents -- Becoming of record. An assignee becomes of record either in a national patent application or a reexamination proceeding by filing a statement in compliance with § 3.73(b) that is signed by a party who is authorized to act on behalf of the assignee.
(d)
Trademarks. The assignee of a trademark application or registration may prosecute a trademark application, submit documents to maintain a trademark registration, or file papers against a third party in reliance on the assignee's trademark application or registration, to the exclusion of the original applicant or previous assignee. The assignee must establish ownership in compliance with § 3.73(b).
§3.73 Establishing right of assignee to take action.
(a)
The inventor is presumed to be the owner of a patent application, and any patent that may issue therefrom, unless there is an assignment. The original applicant is presumed to be the owner of a trademark application or registration, unless there is an assignment. (b)(1) In order to request or take action in a patent or trademark matter, the assignee must establish its ownership of the patent or trademark property of paragraph (a) of this section to the satisfaction of the Director. The establishment of ownership by the assignee may be combined with the paper that requests or takes the action. Ownership is established by submitting to the Office a signed statement identifying the assignee, accompanied by either:
(i)
Documentary evidence of a chain of title from the original owner to the assignee (e.g., copy of an executed assignment). For trademark matters only, the documents submitted to establish ownership may be required to be recorded pursuant to § 3.11 in the assignment records of the Office as a condition to permitting the assignee to take action in a matter pending before the Office. For patent matters only, the submission of the documentary evidence must be accompanied by a statement affirming that the documentary evidence of the chain of title from the original owner to the assignee was or concurrently is being submitted for recordation pursuant to § 3.11; or
(ii)
A statement specifying where documentary evidence of a chain of title from the original owner to the assignee is recorded in the assignment records of the Office (e.g., reel and frame number).
(2)
The submission establishing ownership must show that the person signing the submission is a person authorized to act on behalf of the assignee by:
(i)
Including a statement that the person signing the submission is authorized to act on behalf of the assignee; or
(ii)
Being signed by a person having apparent authority to sign on behalf of the assignee, e.g., an officer of the assignee.
(c)
For patent matters only:
(1)
Establishment of ownership by the assignee must be submitted prior to, or at the same time as, the paper requesting or taking action is submitted.
(2)
If the submission under this section is by an assignee of less than the entire right, title and interest, such assignee must indicate the extent (by percentage) of its ownership interest, or the Office may refuse to accept the submission as an establishment of ownership.
Ron
資料參考：USPTO Frequently Asked Questions
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