What 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 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 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 MoreHow do I correct a typographical error on a recorded cover sheet for a patent assignment?
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…
Read MoreWhat is the procedure for correcting typographical errors in a recorded cover sheet?
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…
Read MoreCan I correct an erroneous assignment if I can’t contact the party who filed it?
Yes, you can still correct an erroneous assignment even if you cannot contact or get cooperation from the party who filed it. The MPEP 323.01(c) provides guidance for this situation: The owner should contact the party who recorded the papers with the erroneous information and request that such party record corrective papers. However, if the…
Read MoreWhat should I do if someone improperly records an assignment against my patent or application?
If you discover that another party has improperly recorded an assignment against your patent or application, you should take the following steps: Contact the party who recorded the erroneous information and request that they file corrective papers. If the party cannot be located or is unwilling to cooperate, you must file corrective papers yourself with…
Read MoreHow does correcting a cover sheet error affect the date of recordation?
The effect on the date of recordation depends on whether the error affects title to the application or patent. According to MPEP 323.01(a): Errors that do not affect title: If the typographical error does not affect title, the Assignment Services Division will correct the Assignment Historical Database and allow the recording party to keep the…
Read MoreWhat is the date of receipt for assignment documents sent to the USPTO by fax?
The date of receipt for assignment documents sent to the USPTO by fax is determined by when the complete transmission is received. According to MPEP 302.09: The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office. It’s important…
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