What is the process for expunging assignment records at 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.
The process for expunging assignment records at the USPTO involves:
- Submitting a petition under 37 CFR 1.59 to expunge the assignment record
- Providing clear evidence that the document was submitted by mistake or is of improper character
- Paying the required petition fee
As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This emphasizes the necessity of following the proper petition process for expungement.
Topics:
MPEP 300 - Ownership and Assignment
Patent Law
Patent Procedure