Can an assignee correct a typographical error in an assignment document?
Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. 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.
This means that:
- If the assignor is available, they should make the correction or execute a new document.
- If the assignor is not available, the assignee can submit an affidavit or declaration to correct the error.
The assignee must also provide a copy of the originally recorded papers, a cover sheet, and pay 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