What happens if an assignment cover sheet is not submitted with the assignment document?
If an assignment cover sheet is not submitted with the assignment document, the USPTO will not record the assignment. According to MPEP 302.07, “The Office will not accept an assignment document that is not accompanied by a cover sheet.” This means that the assignment will not be officially recognized by the USPTO, which could affect…
Read MoreWhat happens if an English translation is not provided with a non-English assignment document?
If an English translation is not provided with a non-English assignment document, the USPTO will not record the assignment. According to MPEP 302.02: The assignment document, if not in the English language, will not be recorded unless accompanied by an English translation signed by the translator. This means that the assignment will be rejected, and…
Read MoreWhat are the consequences of a typographical error on a cover sheet that affects the title to a patent or application?
When a typographical error on the original cover sheet affects the title to the application or patent against which the assignment or name change is recorded, the consequences are more significant: The recording party will not be entitled to keep the original date of recordation The Assignment Services Division will correct its automated records The…
Read MoreHow does the assignment process differ for continuation-in-part applications claiming benefit of a provisional application?
The assignment process for continuation-in-part (CIP) applications claiming benefit of a provisional application differs from standard continuations or divisions: If the CIP includes new subject matter not in the provisional application, new assignment papers are typically required. This requirement is similar to the practice for CIPs filed under 35 U.S.C. 120. An exception exists for…
Read MoreWhat should I do if there’s an error in the recorded assignment document itself?
If there’s an error in the recorded assignment document (or other document affecting title) rather than in the cover sheet, the procedure differs from correcting cover sheet errors. According to MPEP 323.01(b): The party responsible for the erroneous document (e.g., the assignor) must either: Create and record a new document, or Make corrections to the…
Read MoreHow can I correct an assignment or name change improperly filed against my application or patent?
If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c): First, try to contact the party who recorded the erroneous information and request that they record corrective papers. If unsuccessful, submit the following…
Read MoreHow can I correct an improperly recorded assignment against my patent or application?
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…
Read MoreHow can I correct an error in a recorded cover sheet?
To correct an error in a recorded cover sheet, you must follow the procedure outlined in 37 CFR 3.34. Specifically: The error must be apparent when comparing the cover sheet with the recorded document. You must file a corrected cover sheet for recordation. Include a copy of the original document submitted for recording. Pay the…
Read MoreWhat if the assignor is not available to correct an assignment document?
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…
Read MoreHow can I correct and resubmit returned assignment documents?
If your assignment documents or cover sheets are returned by the Assignment Division, you can correct and resubmit them within a specified time period to maintain the original receipt date. The USPTO states: “Assignment documents and cover sheets, or copies of the same, which are returned by Assignment Division will be stamped with the original…
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