How does the USPTO handle errors in the execution of an original assignment document?
When errors are made in the execution of an original assignment document, the USPTO allows for the submission of a ‘substitute statement’ to correct these errors. According to MPEP 323:
“Where errors were made in the execution of the original assignment document … a ‘substitute statement’ may be submitted for recordation.”
The process involves:
- Preparing a new, correctly executed assignment document.
- Submitting this as a ‘substitute statement’ along with a copy of the originally recorded papers.
- Clearly identifying the errors in the original document.
- Paying the required recording fee.
The USPTO will then record the substitute statement, which effectively replaces the erroneous original assignment document.
For more information on patent assignment, visit: patent assignment.
For more information on substitute statement, visit: substitute statement.
For more information on USPTO, visit: USPTO.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document,
Patent Law,
Patent Procedure