What happens if a faxed assignment document is not recordable by the USPTO?

If the USPTO determines that a faxed assignment document is not recordable, there’s a specific process outlined in MPEP 302.09:

  1. The entire document, including the cover sheet, is returned to the sender via fax.
  2. A ‘Notice of Non-Recordation’ is included with the returned document.
  3. The sender can make corrections and resubmit the document.
  4. Resubmission must be done by mail to the address in 37 CFR 3.27.
  5. Timely resubmission preserves the initial receipt date as the recordation date.

The MPEP states: If a document submitted by fax is determined not to be recordable, the entire document, with its associated cover sheet, and the Office ‘Notice of Non-Recordation’ will be transmitted via fax back to the sender. Once corrections are made, the initial submission, amended, may then be resubmitted by mailing the corrected submission to the address set forth in 37 CFR 3.27. Timely resubmission will provide the sender with the benefit of the initial receipt date as the recordation date in accordance with 37 CFR 3.51.

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