MPEP § 323.01(d) — Expungement of Assignment Records (Annotated Rules)
§323.01(d) Expungement of Assignment Records
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
Access to Patent Application Files (MPEP 101-106)
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.
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.
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.
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.
Director Authority and Petitions (MPEP 1000)
Citations
| Primary topic | Citation |
|---|---|
| – | 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.
Official MPEP § 323.01(d) — Expungement of Assignment Records
Source: USPTO323.01(d) Expungement of Assignment Records [R-01.2024]
Petitions to correct, modify, or “expunge” assignment records are rarely granted and will not result in the removal of a document from the assignment records. Such petitions are granted only if the petitioner can prove that:
- (A) the normal corrective procedures outlined in MPEP §§ 323.01(a) through 323.01(c) will not provide the petitioner with adequate relief; and
- (B) the integrity of the assignment records will not be affected by granting the petition.
Any petition involving redaction of information in an assignment record other than personally identifiable information (such as social security numbers, home address, phone number, email address, birth date, and financial account numbers) is considered to affect the integrity of the assignment record.
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.