What happens if there’s a typographical error in the recorded assignment document?
If there’s an error in the recorded assignment document itself (not just the cover sheet), the process is different:
- The party responsible for the error (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
- If the assignor is unavailable, the assignee can submit an affidavit or declaration identifying the error and requesting correction.
As stated in MPEP 323.01(b), “The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).”
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document,
Patent Law,
Patent Procedure