MPEP § 323 — Procedures for Correcting Errors in Recorded Assignment Document (Annotated Rules)
§323 Procedures for Correcting Errors in Recorded Assignment Document
This page consolidates and annotates all enforceable requirements under MPEP § 323, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Procedures for Correcting Errors in Recorded Assignment Document
This section addresses Procedures for Correcting Errors in Recorded Assignment Document. Primary authority: 37 CFR 1.21(h). Contains: 3 requirements, 1 guidance statement, 1 permission, and 2 other statements.
Key Rules
Miscellaneous Fees
The new recordation form cover sheet must identify the submission as a “corrective document” submission and indicate the reel and frame number where the incorrectly recorded assignment document appears. The original cover sheet should be submitted with the corrective document. The corrective document will be recorded and given a new reel and frame number and recording date. The recording fee set forth in 37 CFR 1.21(h) is required for each patent application and patent against which the corrective document is being recorded. See MPEP § 302.06.
The new recordation form cover sheet must identify the submission as a “corrective document” submission and indicate the reel and frame number where the incorrectly recorded assignment document appears. The original cover sheet should be submitted with the corrective document. The corrective document will be recorded and given a new reel and frame number and recording date. The recording fee set forth in 37 CFR 1.21(h) is required for each patent application and patent against which the corrective document is being recorded. See MPEP § 302.06.
The new recordation form cover sheet must identify the submission as a “corrective document” submission and indicate the reel and frame number where the incorrectly recorded assignment document appears. The original cover sheet should be submitted with the corrective document. The corrective document will be recorded and given a new reel and frame number and recording date. The recording fee set forth in 37 CFR 1.21(h) is required for each patent application and patent against which the corrective document is being recorded. See MPEP § 302.06.
The new recordation form cover sheet must identify the submission as a “corrective document” submission and indicate the reel and frame number where the incorrectly recorded assignment document appears. The original cover sheet should be submitted with the corrective document. The corrective document will be recorded and given a new reel and frame number and recording date. The recording fee set forth in 37 CFR 1.21(h) is required for each patent application and patent against which the corrective document is being recorded. See MPEP § 302.06.
Assignment and Ownership (MPEP Chapter 300)
Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property and, therefore, recorded assignment documents will not be expunged even if subsequently found to be invalid. See In re Ratny, 24 USPQ2d 1713 (Comm’r Pat. 1992). Once a document is recorded with the Assignment Recordation Branch, the Assignment Recordation Branch will not remove the papers from the record relating to that application or patent. See MPEP § 323.01(d).
Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property and, therefore, recorded assignment documents will not be expunged even if subsequently found to be invalid. See In re Ratny, 24 USPQ2d 1713 (Comm’r Pat. 1992). Once a document is recorded with the Assignment Recordation Branch, the Assignment Recordation Branch will not remove the papers from the record relating to that application or patent. See MPEP § 323.01(d).
Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property and, therefore, recorded assignment documents will not be expunged even if subsequently found to be invalid. See In re Ratny, 24 USPQ2d 1713 (Comm’r Pat. 1992). Once a document is recorded with the Assignment Recordation Branch, the Assignment Recordation Branch will not remove the papers from the record relating to that application or patent. See MPEP § 323.01(d).
Grounds for Reissue
An error in a recorded assignment document will be corrected by Assignment Recordation Branch provided a “corrective document” is submitted. The “corrective document” must include the following:
- (A) A copy of the original assignment document with the corrections made therein. The corrections must be initialed and dated by the party conveying the interest; and
- (B) A new Recordation Form Cover Sheet (form PTO-1595) (See MPEP § 302.07).
An error in a recorded assignment document will be corrected by Assignment Recordation Branch provided a “corrective document” is submitted. The “corrective document” must include the following:
…
(B) A new Recordation Form Cover Sheet (form PTO-1595) (See MPEP § 302.07).
Change of Name and Merger (MPEP 314-315)
Corrections may be made on the original assignment document, for example, by lining out an incorrect patent or application number in a merger or change of name (see MPEP § 314).
Citations
| Primary topic | Citation |
|---|---|
| Miscellaneous Fees | 37 CFR § 1.21(h) |
| Miscellaneous Fees | MPEP § 302.06 |
| Grounds for Reissue | MPEP § 302.07 |
| Change of Name and Merger (MPEP 314-315) | MPEP § 314 |
| Assignment and Ownership (MPEP Chapter 300) | MPEP § 323.01(d) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 323 — Procedures for Correcting Errors in Recorded Assignment Document
Source: USPTO323 Procedures for Correcting Errors in Recorded Assignment Document [R-01.2024]
An error in a recorded assignment document will be corrected by Assignment Recordation Branch provided a “corrective document” is submitted. The “corrective document” must include the following:
- (A) A copy of the original assignment document with the corrections made therein. The corrections must be initialed and dated by the party conveying the interest; and
- (B) A new Recordation Form Cover Sheet (form PTO-1595) (See MPEP § 302.07).
The new recordation form cover sheet must identify the submission as a “corrective document” submission and indicate the reel and frame number where the incorrectly recorded assignment document appears. The original cover sheet should be submitted with the corrective document. The corrective document will be recorded and given a new reel and frame number and recording date. The recording fee set forth in 37 CFR 1.21(h) is required for each patent application and patent against which the corrective document is being recorded. See MPEP § 302.06.
Corrections may be made on the original assignment document, for example, by lining out an incorrect patent or application number in a merger or change of name (see MPEP § 314).
Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property and, therefore, recorded assignment documents will not be expunged even if subsequently found to be invalid. See In re Ratny, 24 USPQ2d 1713 (Comm’r Pat. 1992). Once a document is recorded with the Assignment Recordation Branch, the Assignment Recordation Branch will not remove the papers from the record relating to that application or patent. See MPEP § 323.01(d).