Can an assignee correct a typographical error in an assignment document?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an assignee can correct a typographical error in an assignment document, but the process depends on the availability of the assignor. 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 the error and requests correction.

This means that:

  • If the assignor is available, they should make the correction or execute a new document.
  • If the assignor is not available, the assignee can submit an affidavit or declaration to correct the error.

The assignee must also provide a copy of the originally recorded papers, a cover sheet, and pay the required fee for each application or patent to be corrected, as per 37 CFR 3.41.

Topics: MPEP 300 - Ownership and Assignment Patent Law Patent Procedure
Tags: assignee rights, Assignment, document correction, Typographical errors