What are the consequences of a typographical error on a cover sheet that affects the title to a patent or application?

When a typographical error on the original cover sheet affects the title to the application or patent against which the assignment or name change is recorded, the consequences are more significant:

• The recording party will not be entitled to keep the original date of recordation
• The Assignment Services Division will correct its automated records
• The date of recordation will be changed to the date the corrected cover sheet was received in the Office

As stated in MPEP 323.01(a): “If the original cover sheet contains a typographical error that affects title to the application or patent against which the assignment or name change is recorded, the recording party will not be entitled to keep the original date of recordation. Rather, the Assignment Services Division will correct its automated records and change the date of recordation to the date the corrected cover sheet was received in the Office.”

This approach ensures that errors affecting the substance of the assignment or title are properly addressed, even if it means adjusting the recordation date. It’s crucial for patent owners and assignees to be aware of this policy to avoid potential issues with priority dates or legal standing.

To learn more:

• patent assignment
• cover sheet errors
• recordation date
• title effects
• USPTO procedures