How does the USPTO determine if a cover sheet error is typographical in nature?
The USPTO follows a specific process to determine if an error on a cover sheet is typographical in nature. According to MPEP 323.01(a):
“The Office will then compare the corrected cover sheet with the original cover sheet and the originally recorded assignment document (or other document affecting title) to determine whether the correction is typographical in nature.”
This process involves:
- Reviewing the corrected cover sheet submitted by the requesting party
- Comparing it to the original cover sheet
- Examining the originally recorded assignment document or other title-affecting document
- Assessing whether the error is purely typographical or if it substantively affects the title or assignment
If the error is determined to be typographical and does not affect the title, the Assignment Services Division will record the corrected cover sheet and update the Assignment Historical Database. However, if the error affects the title, different procedures apply, including potential changes to the recordation date.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure