What happens if I accidentally submit an original assignment document to the USPTO?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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 you accidentally submit an original assignment document to the USPTO, you will not be able to retrieve it. The MPEP 302.01 clearly states: ‘The USPTO will not return documents filed for recording.’
To avoid this situation:
- Always submit copies of assignment documents
- Keep original documents in a secure location
- Double-check all submissions before sending them to the USPTO
If you have submitted an original document in error, you may need to create a new assignment document or seek legal advice on how to proceed with future patent transactions or litigation that may require the original document.
Topics:
MPEP 300 - Ownership and Assignment
Patent Law
Patent Procedure