What should I do if I don’t have the application number when executing an assignment?
If you don’t have the application number when executing an assignment, you can use specific language to allow for its later insertion. MPEP 302.03 suggests the following approach: “It is suggested, however, that an assignment be written to allow entry of the identifying number after the execution of the assignment. An example of acceptable wording…
Read MoreWhat is the process for expunging assignment records at the USPTO?
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…
Read MoreCan assignment records be expunged after issuance of a patent?
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…
Read MoreCan assignment records be expunged after they have been recorded by the USPTO?
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…
Read MoreWhat happens to an ‘expunged’ document in the USPTO assignment records?
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…
Read MoreIs it possible to expunge assignment records at the USPTO?
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 § 323.01(a) through § 323.01(c) will…
Read MoreWhat is the process for expunging assignment records?
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 § 323.01(a) through § 323.01(c)) are inadequate for providing relief. The integrity of the assignment records will not be affected by granting the petition.…
Read MoreWhat are the requirements for facsimile submission of assignment documents to the USPTO?
What are the requirements for facsimile submission of assignment documents to the USPTO? The USPTO has specific requirements for facsimile submission of assignment documents: The facsimile must be legible and complete. The document should be submitted to the Assignment Recordation Branch at the designated fax number. A cover sheet must accompany the submission, stating the…
Read MoreWhat are the requirements for faxed assignment documents to be recorded at the USPTO?
What are the requirements for faxed assignment documents to be recorded at the USPTO? For faxed assignment documents to be recorded at the USPTO, they must meet the following requirements: The document must be legible and capable of being reproduced in legible form. The fax must include a cover sheet with the sender’s name, address,…
Read MoreAre there any fees associated with using the Electronic Patent Assignment System (EPAS)?
Yes, there are fees associated with using the Electronic Patent Assignment System (EPAS). According to MPEP 302.10: “Customers may submit assignments electronically by accessing the Office’s website and paying the required fee by credit card, electronic fund transfer (EFT) or deposit account.” The specific fee amounts are not mentioned in this section of the MPEP,…
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