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323    Procedures for Correcting Errors in Recorded Assignment Document

MPEP SECTION SUMMARY This section covers the procedures for the correction or errors in a recorded assignment. In order to correct errors in a recorded assignment, a correction document must be submitted. The requirements of this correction document are outlined in this section including correcting errors in recorded cover sheets, typographical errors in both the cover sheet and the document itself, changes to names of the recorded party, and expungement of assignment records.

An error in a recorded assignment document will be corrected by Assignment Division provided a “corrective document” is submitted.

The “corrective document” must include the following:

• A copy of the original assignment document with the corrections made therein. The corrections must be initialed and dated by the party conveying the interest; and
• A new Recordation Form Cover Sheet
  
  

323.01   Correction of Error in Recorded Cover Sheet

MPEP SECTION SUMMARY Any alleged error in a recorded cover sheet will only be corrected if the error is apparent from a comparison with the recorded assignment document.

323.01(a)   Typographical Errors in Cover Sheet

MPEP SECTION SUMMARY This section covers typographical errors in the cover sheet including those that do not affect the title to the application or the patent and those that do.

A party who wishes to correct a typographical error on a recorded cover sheet must submit the following to the Assignment Services Division:

• a copy of the originally recorded assignment document (or other document affecting title);
• a corrected cover sheet; and
• the required fee for each application or patent to be corrected.

I.   TYPOGRAPHICAL ERRORS IN COVER SHEET THAT DO NOT AFFECT TITLE TO APPLICATION OR PATENT

If the original cover sheet contains a typographical error that does not affect title to the application or patent against which the original assignment or name change is recorded, the recording party will be permitted to keep the original date of recordation.

II.   TYPOGRAPHICAL ERRORS IN COVER SHEET THAT DO AFFECT TITLE TO APPLICATION OR PATENT

If the original cover sheet contains a typographical error that affects title to the application or patent against which the assignment or name change is recorded, the recording party will not be entitled to keep the original date of recordation.

• The date of recordation will be changed to the date the corrected cover sheet was received in the Office.

323.01(b)   Typographical Errors in Recorded Assignment Document

MPEP SECTION SUMMARY If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.

323.01(c)   Assignment or Change of Name Improperly Filed and Recorded by Another Person Against Owner’s Application or Patent

MPEP SECTION SUMMARY When the owner of an application or registration discovers that another party has improperly recorded an assignment or name change against the owner’s application or patent, the owner must correct the error by having a corrected cover sheet filed.

323.01(d)   Expungement of Assignment Records

MPEP SECTION SUMMARY Petitions to correct, modify or "expunge" assignment records are rarely granted and will not result in the removal of a document from the assignment records.

Assignment records are recognized as distinct from application file records.

A redacted version of the 'expunged' document must be recorded and will appear in the assignment records instead of the 'expunged' document upon the granting of the petition.

• An additional assignment of the 'correct' document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

 

» 324 Establishing Right of Assignee To Take Action in Application Filed Before September 16, 2012