What can I do if the USPTO refuses to record a document I believe should be recorded?

If the USPTO returns a document unrecorded and you believe it represents an unusual case that justifies recordation, you have the option to petition for its recordation. The MPEP provides the following guidance:

“Any document returned unrecorded, which the sender nevertheless believes represents an unusual case which justifies recordation, may be submitted to the Office of Petitions with a petition under 37 CFR 1.181 requesting recordation of the document.” (MPEP 313)

To petition:

  1. Submit the document to the Office of Petitions
  2. Include a petition under 37 CFR 1.181
  3. Provide justification for why the document should be recorded
Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: document recordation, petition for access, unrecorded documents, USPTO database