What if the assignor is not available to correct an assignment document?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the assignor is not available to correct an original document or execute a new one, the assignee has an alternative option. According to MPEP 323.01(b):

If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction.

To complete this process, the assignee must provide:

• An affidavit or declaration identifying the error and requesting correction
• A copy of the originally recorded papers
• A cover sheet
• The required fee for each application or patent to be corrected (as per 37 CFR 3.41)