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.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure