Is it possible to expunge assignment records at the USPTO?

Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove:

  1. The normal corrective procedures outlined in MPEP § 323.01(a) through § 323.01(c) will not provide adequate relief, and
  2. The integrity of the assignment records will not be affected by granting the petition.

The MPEP clarifies: Even if a petition to ‘expunge’ a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.

If a petition is granted:

  • The Office will delete links to the application or patent subject to the petition.
  • A redacted version of the ‘expunged’ document must be recorded and will appear in the assignment records.
  • An additional assignment of the ‘correct’ document may be recorded if necessary.

This process ensures the integrity and completeness of the USPTO’s assignment records while addressing legitimate concerns about erroneous or sensitive information.

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