Can the USPTO refuse to expunge an improperly recorded assignment?

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, the USPTO can refuse to expunge an improperly recorded assignment. According to MPEP 323.01(c):

‘The Office, however, has consistently taken the position that such a petition will not be granted unless it is apparent that the recording is a ‘clerical error on the part of the Office.”

This means that the USPTO is generally reluctant to expunge recorded assignments unless there’s clear evidence of an error on their part. If the improper recording was due to actions of the parties involved rather than the USPTO, the petition may be denied.