Are there any limitations on expunging assignment records at the USPTO?

Yes, there are limitations on expunging assignment records at the USPTO. The MPEP 323.01(d) provides important guidance:

‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’

This indicates that:

  • Expungement is not an automatic process and requires a formal petition
  • Only recorded assignments can be considered for expungement
  • The petitioner must provide clear evidence of mistake or improper character
  • The USPTO has discretion in granting or denying the petition

Additionally, the USPTO generally will not expunge an assignment record if it has already been relied upon or cited in other documents. This is to maintain the integrity of the public record and prevent confusion in chain of title matters.

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Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: USPTO