What evidence is required to expunge an assignment record at the USPTO?

To expunge an assignment record at the USPTO, clear evidence must be provided that the document was submitted by mistake or is of improper character. The MPEP 323.01(d) states:

‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’

While the MPEP doesn’t provide specific examples of acceptable evidence, it generally includes:

  • Documentation showing the assignment was recorded in error
  • Proof that the assignment document contains incorrect information
  • Evidence that the assignment was not intended for the specific application or patent

The burden of proof lies with the petitioner to demonstrate why the assignment record should be expunged. Each case is evaluated on its own merits by the USPTO.

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Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: petition requirements, USPTO