MPEP § 323.01(d) — Expungement of Assignment Records (Annotated Rules)

§323.01(d) Expungement of Assignment Records

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 323.01(d), 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.

Expungement of Assignment Records

This section addresses Expungement of Assignment Records. Contains: 1 requirement, 1 permission, and 3 other statements.

Key Rules

Topic

Access to Patent Application Files (MPEP 101-106)

4 rules
MPEP GuidanceInformativeAlways
[mpep-323-01-d-50b4a909eb816514e39eaea6]
Assignment Records Are Distinct From Application File Records
Note:
Assignment records remain visible in the Assignment Recordation Branch even if an application or patent is expunged, but links to the application or patent are removed from search results.

Assignment records are recognized as distinct from application file records. Even if a petition to “expunge” a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Recordation Branch at the same reel and frame number, and the image will appear when someone views that reel and frame number. The Office will, however, delete the links to the application or patent that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or patent number in the Assignment Historical Database. A redacted version of the “expunged” document must be recorded and will appear in the assignment records instead of the “expunged” document upon the granting of the petition. An additional assignment of the “correct” document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Director Authority and Petitions (MPEP 1000)
MPEP GuidanceInformativeAlways
[mpep-323-01-d-f747a2b6650147acde1b145d]
Links to Expunged Patents Removed from Database
Note:
The Office will remove links to expunged patents from the Assignment Historical Database, preventing search results for those patent numbers.

Assignment records are recognized as distinct from application file records. Even if a petition to “expunge” a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Recordation Branch at the same reel and frame number, and the image will appear when someone views that reel and frame number. The Office will, however, delete the links to the application or patent that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or patent number in the Assignment Historical Database. A redacted version of the “expunged” document must be recorded and will appear in the assignment records instead of the “expunged” document upon the granting of the petition. An additional assignment of the “correct” document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Director Authority and Petitions (MPEP 1000)
MPEP GuidanceRequiredAlways
[mpep-323-01-d-4c8337673e28e8d9de62d9c5]
Redacted Version Must Replace Expunged Document in Assignment Records Upon Granting Petition
Note:
When a petition to expunge an assignment document is granted, a redacted version of the document must be recorded and appear in the assignment records instead.

Assignment records are recognized as distinct from application file records. Even if a petition to “expunge” a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Recordation Branch at the same reel and frame number, and the image will appear when someone views that reel and frame number. The Office will, however, delete the links to the application or patent that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or patent number in the Assignment Historical Database. A redacted version of the “expunged” document must be recorded and will appear in the assignment records instead of the “expunged” document upon the granting of the petition. An additional assignment of the “correct” document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Director Authority and Petitions (MPEP 1000)
MPEP GuidancePermittedAlways
[mpep-323-01-d-7d19133ce2f2c55d53caca2c]
Redacted and Original Documents Must Be Recorded
Note:
When a document is redacted, an additional assignment of the correct original document may be recorded if the redacted version is incomplete or incorrect.

Assignment records are recognized as distinct from application file records. Even if a petition to “expunge” a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Recordation Branch at the same reel and frame number, and the image will appear when someone views that reel and frame number. The Office will, however, delete the links to the application or patent that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or patent number in the Assignment Historical Database. A redacted version of the “expunged” document must be recorded and will appear in the assignment records instead of the “expunged” document upon the granting of the petition. An additional assignment of the “correct” document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

Jump to MPEP SourceAccess to Patent Application Files (MPEP 101-106)Director Authority and Petitions (MPEP 1000)
Topic

Director Authority and Petitions (MPEP 1000)

1 rules
MPEP GuidanceInformativeAlways
[mpep-323-01-d-735871c0af7fe9fd3d047250]
Expunged Assignment Records Remain Visible
Note:
Even if an assignment record is expunged, the image will still appear in the records of the Assignment Recordation Branch but links to the application or patent will be removed.

Assignment records are recognized as distinct from application file records. Even if a petition to “expunge” a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Recordation Branch at the same reel and frame number, and the image will appear when someone views that reel and frame number. The Office will, however, delete the links to the application or patent that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or patent number in the Assignment Historical Database. A redacted version of the “expunged” document must be recorded and will appear in the assignment records instead of the “expunged” document upon the granting of the petition. An additional assignment of the “correct” document may be recorded in addition to the redacted version where the redacted version is incomplete or the original document was not correct.

Jump to MPEP SourceDirector Authority and Petitions (MPEP 1000)Access to Patent Application Files (MPEP 101-106)

Citations

Primary topicCitation
MPEP § 323.01(a)

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.

BlueIron Last Updated: 2025-12-31