Patent Law FAQ

To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:

• A copy of the originally recorded papers
• A cover sheet
• The required fee for each application or patent to be corrected

If the assignor is not available to make the correction, the assignee must also provide:

• An affidavit or declaration identifying the error and requesting correction

The MPEP states:

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. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

Ensure all documents are properly prepared and submitted to avoid delays in processing.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Required Documents

MPEP 409.03(f) distinguishes between an assignment and an agreement to assign in the context of proving proprietary interest for pre-AIA 37 CFR 1.47(b) applications. The key differences are:

• Assignment: A completed transfer of rights in the invention.
• Agreement to Assign: A promise to transfer rights in the future, often conditional.

For an assignment, MPEP 409.03(f) states:

“If the application has been assigned, a copy of the assignment (in the English language) must be submitted. The assignment must clearly indicate that the invention described in the pre-AIA 37 CFR 1.47(b) application was assigned to the pre-AIA 37 CFR 1.47(b) applicant.”

For an agreement to assign:

“When an inventor has agreed in writing to assign an invention described in an application deposited pursuant to pre-AIA 37 CFR 1.47(b), a copy of that agreement should be submitted.”

Additionally, if the agreement to assign is conditional, evidence that the conditions have been met must be provided. This often applies to employment agreements, where the applicant must prove the invention was made during the course of employment.

To learn more:

• pre-AIA
• 37 CFR 1.47(b)
• assignment
• agreement to assign
• proprietary interest

To learn more:

• 37 CFR 1.47(b)

MPEP 409.03(f) distinguishes between an assignment and an agreement to assign in the context of proving proprietary interest for pre-AIA 37 CFR 1.47(b) applications. The key differences are:

• Assignment: A completed transfer of rights in the invention.
• Agreement to Assign: A promise to transfer rights in the future, often conditional.

For an assignment, MPEP 409.03(f) states:

“If the application has been assigned, a copy of the assignment (in the English language) must be submitted. The assignment must clearly indicate that the invention described in the pre-AIA 37 CFR 1.47(b) application was assigned to the pre-AIA 37 CFR 1.47(b) applicant.”

For an agreement to assign:

“When an inventor has agreed in writing to assign an invention described in an application deposited pursuant to pre-AIA 37 CFR 1.47(b), a copy of that agreement should be submitted.”

Additionally, if the agreement to assign is conditional, evidence that the conditions have been met must be provided. This often applies to employment agreements, where the applicant must prove the invention was made during the course of employment.

To learn more:

• pre-AIA
• 37 CFR 1.47(b)
• assignment
• agreement to assign
• proprietary interest

To learn more:

• 37 CFR 1.47(b)

To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:

• A copy of the originally recorded papers
• A cover sheet
• The required fee for each application or patent to be corrected

If the assignor is not available to make the correction, the assignee must also provide:

• An affidavit or declaration identifying the error and requesting correction

The MPEP states:

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. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

Ensure all documents are properly prepared and submitted to avoid delays in processing.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Required Documents

MPEP 409.03(f) distinguishes between an assignment and an agreement to assign in the context of proving proprietary interest for pre-AIA 37 CFR 1.47(b) applications. The key differences are:

• Assignment: A completed transfer of rights in the invention.
• Agreement to Assign: A promise to transfer rights in the future, often conditional.

For an assignment, MPEP 409.03(f) states:

“If the application has been assigned, a copy of the assignment (in the English language) must be submitted. The assignment must clearly indicate that the invention described in the pre-AIA 37 CFR 1.47(b) application was assigned to the pre-AIA 37 CFR 1.47(b) applicant.”

For an agreement to assign:

“When an inventor has agreed in writing to assign an invention described in an application deposited pursuant to pre-AIA 37 CFR 1.47(b), a copy of that agreement should be submitted.”

Additionally, if the agreement to assign is conditional, evidence that the conditions have been met must be provided. This often applies to employment agreements, where the applicant must prove the invention was made during the course of employment.

To learn more:

• pre-AIA
• 37 CFR 1.47(b)
• assignment
• agreement to assign
• proprietary interest

To learn more:

• 37 CFR 1.47(b)

To correct a typographical error in a patent assignment, you need to submit several documents. According to MPEP 323.01(b), the required documents include:

• A copy of the originally recorded papers
• A cover sheet
• The required fee for each application or patent to be corrected

If the assignor is not available to make the correction, the assignee must also provide:

• An affidavit or declaration identifying the error and requesting correction

The MPEP states:

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. The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41).

Ensure all documents are properly prepared and submitted to avoid delays in processing.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Required Documents