What evidence is needed to support a petition to expunge an improper assignment?

To support a petition to expunge an improperly recorded assignment, you should provide evidence that clearly demonstrates the assignment is incorrect. This may include:

  • Affidavits or declarations from relevant parties
  • Documentation showing true ownership
  • Evidence of fraud or mistake in the recording

MPEP 323.01(c) states: ‘The petition should be accompanied by clear and convincing evidence of the error in recording.’ It’s crucial to present a compelling case to the USPTO to justify the expungement.

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Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: patent assignment, USPTO