How does correcting a cover sheet error affect the date of recordation?
The effect on the date of recordation depends on whether the error affects title to the application or patent. According to MPEP 323.01(a):
- Errors that do not affect title: If the typographical error does not affect title, the Assignment Services Division will correct the Assignment Historical Database and allow the recording party to keep the original date of recordation.
- Errors that affect title: If the error affects title to the application or patent, the recording party will not keep the original date of recordation. The MPEP states:
Rather, the Assignment Services Division will correct its automated records and change the date of recordation to the date the corrected cover sheet was received in the Office.
It’s crucial to ensure accuracy in cover sheets to maintain the earliest possible recordation date, especially for errors that could affect title to the application or patent.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure