What should I do if there’s an error in the recorded assignment document itself?
If there’s an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the procedure differs from correcting cover sheet errors. According to MPEP 323.01(b):
- The party responsible for the erroneous document (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 may:
- Submit an affidavit or declaration identifying the error and requesting correction
- Include a copy of the originally recorded papers
- Provide a new cover sheet
- Pay the required fee for each application or patent to be corrected (37 CFR 3.41)
This process ensures that errors in the actual assignment document are properly addressed and corrected in the USPTO records.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure