What if the assignor is not available to correct an assignment document?
If the assignor is not available to correct an original document or execute a new one, the assignee has an alternative option. According to MPEP 323.01(b):
If an assignor is not available to correct an original document or execute a new one, the assignee may submit an affidavit or declaration in which the assignee identifies the error and requests correction.
To complete this process, the assignee must provide:
- An affidavit or declaration identifying the error and requesting correction
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected (as per 37 CFR 3.41)
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure