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

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.

To learn more:

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