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)
To correct typographical errors in a recorded cover sheet, follow these steps as outlined in MPEP 323.01(a):
- Submit a copy of the originally recorded assignment document.
- Provide a corrected cover sheet.
- Pay the required fee for each application or patent to be corrected.
- Include a copy of the original cover sheet to facilitate comparison.
When submitting the corrected cover sheet:
- Check the ‘Other’ box in the ‘Nature of Conveyance’ area.
- Indicate that the submission is to correct an error in a previously recorded cover sheet.
- Identify the reel and frame numbers (if known) and the nature of the correction.
The MPEP states: The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.
To learn more:
The legal basis for correcting typographical errors in recorded assignment documents is primarily found in the Manual of Patent Examining Procedure (MPEP) and the Code of Federal Regulations (CFR). Specifically:
- MPEP 323.01(b) outlines the procedures for correcting such errors.
- 37 CFR 3.41 provides the regulatory basis for the fees associated with these corrections.
Additionally, case law supports these procedures. The MPEP cites:
See In re Abacab International Computers Ltd., 21 USPQ2d 1078 (Comm’r Pat. 1987).
This case reinforces the USPTO’s authority to correct such errors and the procedures for doing so. The combination of statutory regulations, administrative procedures, and case law provides a comprehensive legal framework for addressing typographical errors in recorded assignment documents.
To learn more:
If the assignor is not available to correct an original document or execute a new one, the assignee has an alternative option. According to MPEP 323.01(b):
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.
To complete this process, the assignee must provide:
- An affidavit or declaration identifying the error and requesting correction
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected (as per 37 CFR 3.41)
To learn more:
If there’s an error in the recorded assignment document itself (not just the cover sheet), the process is different:
- The party responsible for the error (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
- If the assignor is unavailable, the assignee can submit an affidavit or declaration identifying the error and requesting correction.
As stated in MPEP 323.01(b), “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).”
To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):
“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”
The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.
To learn more:
When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:
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).
The specific fee amount is set by 37 CFR 3.41. It’s important to note that:
- A separate fee is required for each application or patent affected by the correction.
- The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.
To learn more:
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:
The USPTO follows a specific process to determine if an error on a cover sheet is typographical in nature. According to MPEP 323.01(a):
“The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
This process involves:
- Reviewing the corrected cover sheet submitted by the requesting party
- Comparing it to the original cover sheet
- Examining the originally recorded assignment document or other title-affecting document
- Assessing whether the error is purely typographical or if it substantively affects the title or assignment
If the error is determined to be typographical and does not affect the title, the Assignment Services Division will record the corrected cover sheet and update the Assignment Historical Database. However, if the error affects the title, different procedures apply, including potential changes to the recordation date.
To learn more:
To correct a typographical error on a recorded cover sheet for a patent assignment, you need to submit the following to the Assignment Services Division:
- A copy of the originally recorded assignment document (or other document affecting title)
- A corrected cover sheet
- The required fee for each application or patent to be corrected
Additionally, it’s recommended to submit a copy of the original cover sheet to facilitate comparison. When filing the corrected cover sheet, you should:
- Check the box titled “Other” in the “Nature of Conveyance” area
- Indicate that the submission is to correct an error in a previously recorded cover sheet
- Identify the reel and frame numbers (if known)
- Specify the nature of the correction
As stated in MPEP 323.01(a): “The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
To learn more:
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:
Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. According to MPEP 323.01(b):
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.
This means that:
- If the assignor is available, they should make the correction or execute a new document.
- If the assignor is not available, the assignee can submit an affidavit or declaration to correct the error.
The assignee must also provide a copy of the originally recorded papers, a cover sheet, and pay the required fee for each application or patent to be corrected, as per 37 CFR 3.41.
To learn more:
MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document (1)
If there’s an error in the recorded assignment document itself (not just the cover sheet), the process is different:
- The party responsible for the error (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
- If the assignor is unavailable, the assignee can submit an affidavit or declaration identifying the error and requesting correction.
As stated in MPEP 323.01(b), “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).”
Patent Law (12)
To correct typographical errors in a recorded cover sheet, follow these steps as outlined in MPEP 323.01(a):
- Submit a copy of the originally recorded assignment document.
- Provide a corrected cover sheet.
- Pay the required fee for each application or patent to be corrected.
- Include a copy of the original cover sheet to facilitate comparison.
When submitting the corrected cover sheet:
- Check the ‘Other’ box in the ‘Nature of Conveyance’ area.
- Indicate that the submission is to correct an error in a previously recorded cover sheet.
- Identify the reel and frame numbers (if known) and the nature of the correction.
The MPEP states: The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.
To learn more:
The legal basis for correcting typographical errors in recorded assignment documents is primarily found in the Manual of Patent Examining Procedure (MPEP) and the Code of Federal Regulations (CFR). Specifically:
- MPEP 323.01(b) outlines the procedures for correcting such errors.
- 37 CFR 3.41 provides the regulatory basis for the fees associated with these corrections.
Additionally, case law supports these procedures. The MPEP cites:
See In re Abacab International Computers Ltd., 21 USPQ2d 1078 (Comm’r Pat. 1987).
This case reinforces the USPTO’s authority to correct such errors and the procedures for doing so. The combination of statutory regulations, administrative procedures, and case law provides a comprehensive legal framework for addressing typographical errors in recorded assignment documents.
To learn more:
If the assignor is not available to correct an original document or execute a new one, the assignee has an alternative option. According to MPEP 323.01(b):
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.
To complete this process, the assignee must provide:
- An affidavit or declaration identifying the error and requesting correction
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected (as per 37 CFR 3.41)
To learn more:
If there’s an error in the recorded assignment document itself (not just the cover sheet), the process is different:
- The party responsible for the error (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
- If the assignor is unavailable, the assignee can submit an affidavit or declaration identifying the error and requesting correction.
As stated in MPEP 323.01(b), “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).”
To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):
“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”
The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.
To learn more:
When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:
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).
The specific fee amount is set by 37 CFR 3.41. It’s important to note that:
- A separate fee is required for each application or patent affected by the correction.
- The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.
To learn more:
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:
The USPTO follows a specific process to determine if an error on a cover sheet is typographical in nature. According to MPEP 323.01(a):
“The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
This process involves:
- Reviewing the corrected cover sheet submitted by the requesting party
- Comparing it to the original cover sheet
- Examining the originally recorded assignment document or other title-affecting document
- Assessing whether the error is purely typographical or if it substantively affects the title or assignment
If the error is determined to be typographical and does not affect the title, the Assignment Services Division will record the corrected cover sheet and update the Assignment Historical Database. However, if the error affects the title, different procedures apply, including potential changes to the recordation date.
To learn more:
To correct a typographical error on a recorded cover sheet for a patent assignment, you need to submit the following to the Assignment Services Division:
- A copy of the originally recorded assignment document (or other document affecting title)
- A corrected cover sheet
- The required fee for each application or patent to be corrected
Additionally, it’s recommended to submit a copy of the original cover sheet to facilitate comparison. When filing the corrected cover sheet, you should:
- Check the box titled “Other” in the “Nature of Conveyance” area
- Indicate that the submission is to correct an error in a previously recorded cover sheet
- Identify the reel and frame numbers (if known)
- Specify the nature of the correction
As stated in MPEP 323.01(a): “The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
To learn more:
To correct or update the name of the applicant after filing:
- File a request under 37 CFR 1.46(c)(1) no later than payment of the issue fee
- Include an application data sheet (ADS) under 37 CFR 1.76 specifying the correct or updated name of the applicant
- Show appropriate markings in the ADS (underlining for additions, strikethrough for deletions)
The MPEP states: Any request to correct or update the name of the applicant after an applicant has been specified under 37 CFR 1.46(b) must include an application data sheet under 37 CFR 1.76 specifying the correct or updated name of the applicant in the applicant information section.
For minor typographical errors detected after payment of the issue fee, either withdraw the application from issue or file a certificate of correction after patent issuance.
To learn more:
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:
Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. According to MPEP 323.01(b):
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.
This means that:
- If the assignor is available, they should make the correction or execute a new document.
- If the assignor is not available, the assignee can submit an affidavit or declaration to correct the error.
The assignee must also provide a copy of the originally recorded papers, a cover sheet, and pay the required fee for each application or patent to be corrected, as per 37 CFR 3.41.
To learn more:
Patent Procedure (12)
To correct typographical errors in a recorded cover sheet, follow these steps as outlined in MPEP 323.01(a):
- Submit a copy of the originally recorded assignment document.
- Provide a corrected cover sheet.
- Pay the required fee for each application or patent to be corrected.
- Include a copy of the original cover sheet to facilitate comparison.
When submitting the corrected cover sheet:
- Check the ‘Other’ box in the ‘Nature of Conveyance’ area.
- Indicate that the submission is to correct an error in a previously recorded cover sheet.
- Identify the reel and frame numbers (if known) and the nature of the correction.
The MPEP states: The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.
To learn more:
The legal basis for correcting typographical errors in recorded assignment documents is primarily found in the Manual of Patent Examining Procedure (MPEP) and the Code of Federal Regulations (CFR). Specifically:
- MPEP 323.01(b) outlines the procedures for correcting such errors.
- 37 CFR 3.41 provides the regulatory basis for the fees associated with these corrections.
Additionally, case law supports these procedures. The MPEP cites:
See In re Abacab International Computers Ltd., 21 USPQ2d 1078 (Comm’r Pat. 1987).
This case reinforces the USPTO’s authority to correct such errors and the procedures for doing so. The combination of statutory regulations, administrative procedures, and case law provides a comprehensive legal framework for addressing typographical errors in recorded assignment documents.
To learn more:
If the assignor is not available to correct an original document or execute a new one, the assignee has an alternative option. According to MPEP 323.01(b):
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.
To complete this process, the assignee must provide:
- An affidavit or declaration identifying the error and requesting correction
- A copy of the originally recorded papers
- A cover sheet
- The required fee for each application or patent to be corrected (as per 37 CFR 3.41)
To learn more:
If there’s an error in the recorded assignment document itself (not just the cover sheet), the process is different:
- The party responsible for the error (e.g., the assignor) must either create and record a new document or make corrections to the original document and re-record it.
- If the assignor is unavailable, the assignee can submit an affidavit or declaration identifying the error and requesting correction.
As stated in MPEP 323.01(b), “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).”
To correct a typographical error on a patent assignment cover sheet, you must pay the required fee for each application or patent that needs correction. According to MPEP 323.01(a):
“The party requesting correction should submit… (C) the required fee for each application or patent to be corrected (37 CFR 3.41).”
The specific fee amount is set by 37 CFR 3.41 and may change periodically. It’s important to check the current USPTO Fee Schedule for the most up-to-date fee information. The fee is required per application or patent, so if multiple documents need correction, multiple fees may apply.
To learn more:
When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states:
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).
The specific fee amount is set by 37 CFR 3.41. It’s important to note that:
- A separate fee is required for each application or patent affected by the correction.
- The fee amount may change, so it’s best to check the current USPTO fee schedule for the most up-to-date information.
To learn more:
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:
The USPTO follows a specific process to determine if an error on a cover sheet is typographical in nature. According to MPEP 323.01(a):
“The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
This process involves:
- Reviewing the corrected cover sheet submitted by the requesting party
- Comparing it to the original cover sheet
- Examining the originally recorded assignment document or other title-affecting document
- Assessing whether the error is purely typographical or if it substantively affects the title or assignment
If the error is determined to be typographical and does not affect the title, the Assignment Services Division will record the corrected cover sheet and update the Assignment Historical Database. However, if the error affects the title, different procedures apply, including potential changes to the recordation date.
To learn more:
To correct a typographical error on a recorded cover sheet for a patent assignment, you need to submit the following to the Assignment Services Division:
- A copy of the originally recorded assignment document (or other document affecting title)
- A corrected cover sheet
- The required fee for each application or patent to be corrected
Additionally, it’s recommended to submit a copy of the original cover sheet to facilitate comparison. When filing the corrected cover sheet, you should:
- Check the box titled “Other” in the “Nature of Conveyance” area
- Indicate that the submission is to correct an error in a previously recorded cover sheet
- Identify the reel and frame numbers (if known)
- Specify the nature of the correction
As stated in MPEP 323.01(a): “The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
To learn more:
To correct or update the name of the applicant after filing:
- File a request under 37 CFR 1.46(c)(1) no later than payment of the issue fee
- Include an application data sheet (ADS) under 37 CFR 1.76 specifying the correct or updated name of the applicant
- Show appropriate markings in the ADS (underlining for additions, strikethrough for deletions)
The MPEP states: Any request to correct or update the name of the applicant after an applicant has been specified under 37 CFR 1.46(b) must include an application data sheet under 37 CFR 1.76 specifying the correct or updated name of the applicant in the applicant information section.
For minor typographical errors detected after payment of the issue fee, either withdraw the application from issue or file a certificate of correction after patent issuance.
To learn more:
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:
Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. According to MPEP 323.01(b):
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.
This means that:
- If the assignor is available, they should make the correction or execute a new document.
- If the assignor is not available, the assignee can submit an affidavit or declaration to correct the error.
The assignee must also provide a copy of the originally recorded papers, a cover sheet, and pay the required fee for each application or patent to be corrected, as per 37 CFR 3.41.
To learn more: