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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Recorded Assignment Documents Cannot Be Expunged Even If Invalid MPEP 323 Correct Owner Name on Cover Sheet MPEP 323.01(c) Recommended Summary of True Chain of Title Required for Application or Patent Ownership MPEP 323.01(c) Recommended Corrected Cover Sheet for Erroneous Document MPEP 323.01(c) Recommended Corrected Cover Sheet Required for Assignment Errors MPEP 323.01(c) Required Owner Must Record Corrective Papers If Party Cannot Be Located MPEP 323.01(c) Prohibited Correct Assignment Recordation Branch Submission MPEP 323.01(c) Recommended Fee Required for Correcting Application or Patent MPEP 323.01(c) Required Corrective Document Must Identify Error Location MPEP 323 Required Original Cover Sheet Required for Corrective Document MPEP 323 Recommended Other Related FAQs 5 FAQs Collapse What fees are required when correcting an erroneous assignment or name change? What information should be included in the affidavit when correcting an erroneous assignment? How do I fill out the cover sheet when correcting an erroneous assignment or name change? What should I do if someone improperly records an assignment against my ...