Can I correct an erroneous assignment if I can’t contact the party who filed it?
Yes, you can still correct an erroneous assignment even if you cannot contact or get cooperation from the party who filed it. The MPEP 323.01(c) provides guidance for this situation:
The owner should contact the party who recorded the papers with the erroneous information and request that such party record corrective papers. However, if the party cannot be located or is unwilling to file corrective papers, then the true owner must record the necessary papers with the Assignment Services Division to correct the error.
In such cases, you, as the true owner, must submit the required documentation to the USPTO’s Assignment Services Division, including the completed cover sheet, affidavit or declaration, and required fees. This ensures that you can correct the record even without the cooperation of the party who made the error.
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