What is a ‘corrective document’ for USPTO assignment errors?
A corrective document is a filing used to address errors in recorded assignment documents at the USPTO. According to MPEP 323: ‘The ‘corrective document’ (or if one of the documents is not being re-recorded, a copy of the original) should be recorded as a supporting document, and all documents will be examined.’ Corrective documents are…
Read MoreWhen is a petition to expunge necessary for USPTO assignment errors?
A petition to expunge is necessary when there has been a complete error in recording an assignment document at the USPTO. This typically occurs when a document not intended for recording was erroneously recorded. As stated in MPEP 323: ‘In the case of a complete error (e.g., a wrong document is recorded), a petition to…
Read MoreHow can I correct an error in a recorded assignment document at the USPTO?
To correct an error in a recorded assignment document at the USPTO, you have two main options: Cover sheet corrections: For errors in the cover sheet data only, you can submit a corrective document identifying the reel and frame number where the assignment is recorded and explaining the correction. Errors in the assignment document: For…
Read MoreWhat is the difference between correcting a cover sheet and correcting an actual assignment document?
The process for correcting errors differs depending on whether the error is in the cover sheet or the actual assignment document: Cover sheet corrections: These are for errors in the recorded data only, not in the assignment document itself. You can submit a corrective document referencing the reel and frame number of the original recording.…
Read MoreHow does an assignee establish the right to take action in a patent application filed before September 16, 2012?
To establish the right to take action in a patent application filed before September 16, 2012, an assignee must meet the following requirements: The assignee must be of the entire right, title, and interest in the application. A proper documentary evidence of chain of title from the original owner to the assignee must be submitted.…
Read MoreWhat happens if there are conflicting ownership claims in a patent application?
When multiple parties submit conflicting ownership claims for a patent application, the USPTO has a process to determine which party, if any, will control the prosecution. According to MPEP 325 and 37 CFR 3.73(c)(3): “Where two or more purported assignees file conflicting 37 CFR 3.73(c) statements in an application or other Office proceeding, the Director…
Read MoreHow do I revoke a power of attorney in a patent application?
To revoke a power of attorney in a patent application: The applicant or assignee of the entire interest must submit a revocation signed by them. The revocation should be submitted to the USPTO in writing. It can be done by filing a new power of attorney (Form PTO/AIA/82) and checking the revocation box. Alternatively, you…
Read MoreHow can a juristic entity give power of attorney in a patent application?
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402: ‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’ The…
Read MoreWhat happens if there are multiple applicants for a patent and only some give power of attorney?
When there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402: ‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under…
Read MoreCan a power of attorney be revoked in a patent application, and if so, how?
Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402: ‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed…
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