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:
- Submit the document to the Office of Petitions
- Include a petition under 37 CFR 1.181
- Provide justification for why the document should be recorded
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure