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

To correct a typographical error in a recorded assignment document, you have two main options:

• Create and record a new document
• Make corrections to the original document and re-record it

According to MPEP 323.01(b):

If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.

This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Patent Ownership

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

To correct a typographical error in a recorded assignment document, you have two main options:

• Create and record a new document
• Make corrections to the original document and re-record it

According to MPEP 323.01(b):

If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.

This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Patent Ownership

Yes, an assignment can serve as an inventor’s oath or declaration under certain conditions. According to 37 CFR 1.63(e):

An assignment may also serve as an oath or declaration required by this section if the assignment as executed: (i) Includes the information and statements required under paragraphs (a) and (b) of this section; and (ii) A copy of the assignment is recorded as provided for in part 3 of this chapter.

This provision implements 35 U.S.C. 115(e). To use an assignment as an oath or declaration:

• The assignment must include all required information and statements of a standard oath or declaration
• It must be executed by the inventor who is under the obligation of assignment
• A copy of the assignment must be recorded with the USPTO

Applicants should use a check-box on the assignment cover sheet to indicate the dual purpose of the document.

To learn more:

• assignment
• inventor’s oath
• inventor’s declaration
• patent application

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

To correct a typographical error in a recorded assignment document, you have two main options:

• Create and record a new document
• Make corrections to the original document and re-record it

According to MPEP 323.01(b):

If there is an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the party responsible for an erroneous document (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.

This means that the assignor (the party transferring the rights) is typically responsible for correcting such errors.

To learn more:

• Assignment
• Typographical Errors
• Document Correction
• Patent Ownership

Yes, an assignment can serve as an inventor’s oath or declaration under certain conditions. According to 37 CFR 1.63(e):

An assignment may also serve as an oath or declaration required by this section if the assignment as executed: (i) Includes the information and statements required under paragraphs (a) and (b) of this section; and (ii) A copy of the assignment is recorded as provided for in part 3 of this chapter.

This provision implements 35 U.S.C. 115(e). To use an assignment as an oath or declaration:

• The assignment must include all required information and statements of a standard oath or declaration
• It must be executed by the inventor who is under the obligation of assignment
• A copy of the assignment must be recorded with the USPTO

Applicants should use a check-box on the assignment cover sheet to indicate the dual purpose of the document.

To learn more:

• assignment
• inventor’s oath
• inventor’s declaration
• patent application