How does the USPTO determine if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction?
The USPTO determines if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction based on specific criteria. According to MPEP 1481: “The Office will issue a certificate of correction for a mistake that is clearly disclosed in the records of the Office, which mistake is ‘of a clerical or typographical…
Read MoreCan the USPTO refuse to expunge an improperly recorded assignment?
Yes, the USPTO can refuse to expunge an improperly recorded assignment. According to MPEP 323.01(c): ‘The Office, however, has consistently taken the position that such a petition will not be granted unless it is apparent that the recording is a ‘clerical error on the part of the Office.” This means that the USPTO is generally…
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