Can assignment records be expunged after they have been recorded by the USPTO?

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, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d):

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

This means that once an assignment record has been officially recorded, it cannot be simply removed or deleted. A formal petition must be filed, demonstrating that the document was submitted by mistake or is of improper character. The USPTO will then review the petition and make a determination on whether to expunge the record.

Topics: MPEP 300 - Ownership and Assignment Patent Law Patent Procedure
Tags: expungement, petition requirements, Recorded Assignments, USPTO