Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 300 - Ownership and Assignment (11)
The USPTO can expunge various types of assignment records that are erroneous or no longer supported by statutory basis. According to MPEP 323.01(d), this includes:
- Erroneously recorded assignment documents
- Documents that are not assignment documents but were incorrectly recorded as such
- Assignment documents that are no longer supported by the statutory basis for recording
The MPEP states: ‘The USPTO will expunge, delete or correct assignment records that are not, or are no longer, supported by the statutory basis for recording.’ This broad definition allows for the correction of various types of errors in the assignment records.
To learn more:
Expungement of assignment records is a rare and complex process. According to MPEP 323.01(d), petitions to expunge assignment records are granted only under specific conditions:
- Normal corrective procedures (outlined in MPEP ยง 323.01(a) through ยง 323.01(c)) are inadequate for providing relief.
- The integrity of the assignment records will not be affected by granting the petition.
It’s important to note that expungement does not result in the complete removal of a document from assignment records. Instead, a redacted version of the ‘expunged’ document is recorded and replaces the original in the assignment records.
To learn more:
The process for expunging assignment records at the USPTO involves:
- Submitting a petition under 37 CFR 1.59 to expunge the assignment record
- Providing clear evidence that the document was submitted by mistake or is of improper character
- Paying the required petition fee
As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This emphasizes the necessity of following the proper petition process for expungement.
To learn more:
When a petition to ‘expunge’ a document is granted, the document is not completely removed from the USPTO assignment records. According to MPEP 323.01(d):
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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
However, the USPTO takes steps to limit the visibility of the expunged document:
- Links to the application or patent subject to the petition are deleted.
- The document won’t appear in searches for that application or patent number in the Assignment Historical Database.
- A redacted version of the ‘expunged’ document is recorded and appears in the assignment records instead of the original document.
To learn more:
Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove:
- The normal corrective procedures outlined in MPEP ยง 323.01(a) through ยง 323.01(c) will not provide adequate relief, and
- The integrity of the assignment records will not be affected by granting the petition.
The MPEP clarifies: 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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
If a petition is granted:
- The Office will delete links to the application or patent subject to the petition.
- A redacted version of the ‘expunged’ document must be recorded and will appear in the assignment records.
- An additional assignment of the ‘correct’ document may be recorded if necessary.
This process ensures the integrity and completeness of the USPTO’s assignment records while addressing legitimate concerns about erroneous or sensitive information.
To learn more:
To correct an improperly recorded assignment against your patent or application, follow these steps:
- File a petition under 37 CFR 1.182 to expunge the improper assignment
- Include evidence that the recorded assignment is improper
- Pay the required petition fee
As stated in MPEP 323.01(c): ‘The owner of the patent or application may petition to have such an assignment expunged from the assignment records of the Office.’
To learn more:
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property.
As stated in the MPEP: “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).” (MPEP ยง 323)
Once a document is recorded with the Assignment Services Division, it will not be removed from the record relating to that application or patent.
Expungement of assignment records is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge are granted only if:
- Normal corrective procedures are inadequate
- The integrity of assignment records won’t be affected
Even if granted, “the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number.” However, links to the specific application or patent will be deleted from the Assignment Historical Database. A redacted version of the ‘expunged’ document must be recorded in its place.
Yes, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d):
‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’
This means that once an assignment record has been officially recorded, it cannot be simply removed or deleted. A formal petition must be filed, demonstrating that the document was submitted by mistake or is of improper character. The USPTO will then review the petition and make a determination on whether to expunge the record.
To learn more:
Yes, assignment records can be expunged even after a patent has been issued. The MPEP 323.01(d) states: ‘Expungement of any assignment records will be handled in accordance with 37 CFR 1.4(g). This may include expungement of documents recorded prior to, during, or after, prosecution of the application that matured into the patent.’ This means that the USPTO can consider expungement requests for assignment records at any stage, including after the patent has been granted.
To learn more:
Yes, additional correct documents can be recorded after an assignment record is expunged. The MPEP 323.01(d) states:
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.
This provision allows for the recording of accurate and complete information when:
- The redacted version of the expunged document is incomplete
- The original document contained errors or inaccuracies
This process ensures that the assignment records contain the most accurate and up-to-date information possible, even after an expungement procedure has been completed.
To learn more:
MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document (2)
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property.
As stated in the MPEP: “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).” (MPEP ยง 323)
Once a document is recorded with the Assignment Services Division, it will not be removed from the record relating to that application or patent.
Expungement of assignment records is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge are granted only if:
- Normal corrective procedures are inadequate
- The integrity of assignment records won’t be affected
Even if granted, “the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number.” However, links to the specific application or patent will be deleted from the Assignment Historical Database. A redacted version of the ‘expunged’ document must be recorded in its place.
Patent Law (11)
The USPTO can expunge various types of assignment records that are erroneous or no longer supported by statutory basis. According to MPEP 323.01(d), this includes:
- Erroneously recorded assignment documents
- Documents that are not assignment documents but were incorrectly recorded as such
- Assignment documents that are no longer supported by the statutory basis for recording
The MPEP states: ‘The USPTO will expunge, delete or correct assignment records that are not, or are no longer, supported by the statutory basis for recording.’ This broad definition allows for the correction of various types of errors in the assignment records.
To learn more:
Expungement of assignment records is a rare and complex process. According to MPEP 323.01(d), petitions to expunge assignment records are granted only under specific conditions:
- Normal corrective procedures (outlined in MPEP ยง 323.01(a) through ยง 323.01(c)) are inadequate for providing relief.
- The integrity of the assignment records will not be affected by granting the petition.
It’s important to note that expungement does not result in the complete removal of a document from assignment records. Instead, a redacted version of the ‘expunged’ document is recorded and replaces the original in the assignment records.
To learn more:
The process for expunging assignment records at the USPTO involves:
- Submitting a petition under 37 CFR 1.59 to expunge the assignment record
- Providing clear evidence that the document was submitted by mistake or is of improper character
- Paying the required petition fee
As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This emphasizes the necessity of following the proper petition process for expungement.
To learn more:
When a petition to ‘expunge’ a document is granted, the document is not completely removed from the USPTO assignment records. According to MPEP 323.01(d):
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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
However, the USPTO takes steps to limit the visibility of the expunged document:
- Links to the application or patent subject to the petition are deleted.
- The document won’t appear in searches for that application or patent number in the Assignment Historical Database.
- A redacted version of the ‘expunged’ document is recorded and appears in the assignment records instead of the original document.
To learn more:
Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove:
- The normal corrective procedures outlined in MPEP ยง 323.01(a) through ยง 323.01(c) will not provide adequate relief, and
- The integrity of the assignment records will not be affected by granting the petition.
The MPEP clarifies: 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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
If a petition is granted:
- The Office will delete links to the application or patent subject to the petition.
- A redacted version of the ‘expunged’ document must be recorded and will appear in the assignment records.
- An additional assignment of the ‘correct’ document may be recorded if necessary.
This process ensures the integrity and completeness of the USPTO’s assignment records while addressing legitimate concerns about erroneous or sensitive information.
To learn more:
To correct an improperly recorded assignment against your patent or application, follow these steps:
- File a petition under 37 CFR 1.182 to expunge the improper assignment
- Include evidence that the recorded assignment is improper
- Pay the required petition fee
As stated in MPEP 323.01(c): ‘The owner of the patent or application may petition to have such an assignment expunged from the assignment records of the Office.’
To learn more:
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property.
As stated in the MPEP: “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).” (MPEP ยง 323)
Once a document is recorded with the Assignment Services Division, it will not be removed from the record relating to that application or patent.
Expungement of assignment records is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge are granted only if:
- Normal corrective procedures are inadequate
- The integrity of assignment records won’t be affected
Even if granted, “the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number.” However, links to the specific application or patent will be deleted from the Assignment Historical Database. A redacted version of the ‘expunged’ document must be recorded in its place.
Yes, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d):
‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’
This means that once an assignment record has been officially recorded, it cannot be simply removed or deleted. A formal petition must be filed, demonstrating that the document was submitted by mistake or is of improper character. The USPTO will then review the petition and make a determination on whether to expunge the record.
To learn more:
Yes, assignment records can be expunged even after a patent has been issued. The MPEP 323.01(d) states: ‘Expungement of any assignment records will be handled in accordance with 37 CFR 1.4(g). This may include expungement of documents recorded prior to, during, or after, prosecution of the application that matured into the patent.’ This means that the USPTO can consider expungement requests for assignment records at any stage, including after the patent has been granted.
To learn more:
Yes, additional correct documents can be recorded after an assignment record is expunged. The MPEP 323.01(d) states:
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.
This provision allows for the recording of accurate and complete information when:
- The redacted version of the expunged document is incomplete
- The original document contained errors or inaccuracies
This process ensures that the assignment records contain the most accurate and up-to-date information possible, even after an expungement procedure has been completed.
To learn more:
Patent Procedure (11)
The USPTO can expunge various types of assignment records that are erroneous or no longer supported by statutory basis. According to MPEP 323.01(d), this includes:
- Erroneously recorded assignment documents
- Documents that are not assignment documents but were incorrectly recorded as such
- Assignment documents that are no longer supported by the statutory basis for recording
The MPEP states: ‘The USPTO will expunge, delete or correct assignment records that are not, or are no longer, supported by the statutory basis for recording.’ This broad definition allows for the correction of various types of errors in the assignment records.
To learn more:
Expungement of assignment records is a rare and complex process. According to MPEP 323.01(d), petitions to expunge assignment records are granted only under specific conditions:
- Normal corrective procedures (outlined in MPEP ยง 323.01(a) through ยง 323.01(c)) are inadequate for providing relief.
- The integrity of the assignment records will not be affected by granting the petition.
It’s important to note that expungement does not result in the complete removal of a document from assignment records. Instead, a redacted version of the ‘expunged’ document is recorded and replaces the original in the assignment records.
To learn more:
The process for expunging assignment records at the USPTO involves:
- Submitting a petition under 37 CFR 1.59 to expunge the assignment record
- Providing clear evidence that the document was submitted by mistake or is of improper character
- Paying the required petition fee
As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This emphasizes the necessity of following the proper petition process for expungement.
To learn more:
When a petition to ‘expunge’ a document is granted, the document is not completely removed from the USPTO assignment records. According to MPEP 323.01(d):
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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
However, the USPTO takes steps to limit the visibility of the expunged document:
- Links to the application or patent subject to the petition are deleted.
- The document won’t appear in searches for that application or patent number in the Assignment Historical Database.
- A redacted version of the ‘expunged’ document is recorded and appears in the assignment records instead of the original document.
To learn more:
Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove:
- The normal corrective procedures outlined in MPEP ยง 323.01(a) through ยง 323.01(c) will not provide adequate relief, and
- The integrity of the assignment records will not be affected by granting the petition.
The MPEP clarifies: 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 Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
If a petition is granted:
- The Office will delete links to the application or patent subject to the petition.
- A redacted version of the ‘expunged’ document must be recorded and will appear in the assignment records.
- An additional assignment of the ‘correct’ document may be recorded if necessary.
This process ensures the integrity and completeness of the USPTO’s assignment records while addressing legitimate concerns about erroneous or sensitive information.
To learn more:
To correct an improperly recorded assignment against your patent or application, follow these steps:
- File a petition under 37 CFR 1.182 to expunge the improper assignment
- Include evidence that the recorded assignment is improper
- Pay the required petition fee
As stated in MPEP 323.01(c): ‘The owner of the patent or application may petition to have such an assignment expunged from the assignment records of the Office.’
To learn more:
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property.
As stated in the MPEP: “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).” (MPEP ยง 323)
Once a document is recorded with the Assignment Services Division, it will not be removed from the record relating to that application or patent.
Expungement of assignment records is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge are granted only if:
- Normal corrective procedures are inadequate
- The integrity of assignment records won’t be affected
Even if granted, “the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number.” However, links to the specific application or patent will be deleted from the Assignment Historical Database. A redacted version of the ‘expunged’ document must be recorded in its place.
Yes, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d):
‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’
This means that once an assignment record has been officially recorded, it cannot be simply removed or deleted. A formal petition must be filed, demonstrating that the document was submitted by mistake or is of improper character. The USPTO will then review the petition and make a determination on whether to expunge the record.
To learn more:
Yes, assignment records can be expunged even after a patent has been issued. The MPEP 323.01(d) states: ‘Expungement of any assignment records will be handled in accordance with 37 CFR 1.4(g). This may include expungement of documents recorded prior to, during, or after, prosecution of the application that matured into the patent.’ This means that the USPTO can consider expungement requests for assignment records at any stage, including after the patent has been granted.
To learn more:
Yes, additional correct documents can be recorded after an assignment record is expunged. The MPEP 323.01(d) states:
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.
This provision allows for the recording of accurate and complete information when:
- The redacted version of the expunged document is incomplete
- The original document contained errors or inaccuracies
This process ensures that the assignment records contain the most accurate and up-to-date information possible, even after an expungement procedure has been completed.
To learn more: