What should I do if someone improperly records an assignment against my patent or application?

If you discover that another party has improperly recorded an assignment against your patent or application, you should take the following steps:

1. Contact the party who recorded the erroneous information and request that they file corrective papers.
2. If the party cannot be located or is unwilling to cooperate, you must file corrective papers yourself with the Assignment Services Division.

According to MPEP 323.01(c), you should submit:

• A completed cover sheet identifying the affected application or patent
• An affidavit or declaration stating you are the correct owner, the previous recording was erroneous, and providing the reel and frame number of the incorrect document
• The required fee for each application or patent to be corrected

The MPEP states: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change.

To learn more:

• patent assignment
• error correction
• USPTO
• Assignment Services Division