How can I correct an assignment or name change improperly filed against my application or patent?

If you discover that another party has improperly recorded an assignment or name change against your application or patent, you can correct this error by following the procedure outlined in MPEP 323.01(c):

  1. First, try to contact the party who recorded the erroneous information and request that they record corrective papers.
  2. If unsuccessful, submit the following to the Assignment Services Division:
    • A completed cover sheet identifying the affected application or patent
    • An affidavit or declaration:
      • Identifying yourself as the correct owner
      • Stating that the previously recorded document contained erroneous information
      • Providing the reel and frame number of the incorrectly recorded document
    • The required fee for each application or patent to be corrected

The MPEP advises: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change.

On the corrected cover sheet, check the ‘Other’ box for ‘Nature of Conveyance’ and indicate that you’re correcting an error in a previously recorded document.

To learn more:

Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: Improper assignment, USPTO procedures