What happens if an electronically submitted assignment document is not recordable?

If an assignment document submitted electronically through the Electronic Patent Assignment System (EPAS) is determined to be not recordable, the following process occurs:

  1. The entire document, along with its associated cover sheet, will be returned to the sender.
  2. An Office “Notice of Non-Recordation” will be transmitted back to the sender via fax, if possible.
  3. The sender can make corrections to the document or cover sheet.
  4. The corrected submission can then be resubmitted by mailing it to the address specified in 37 CFR 3.27.
  5. If the resubmission is timely, the sender will receive the benefit of the initial receipt date as the recordation date, in accordance with 37 CFR 3.51.

As stated in MPEP 302.10: “Once corrections are made, the initial submission, as amended, may then be resubmitted by mailing the corrected submission to the address set forth in 37 CFR 3.27. Timely submission will provide the sender with the benefit of the initial receipt date as the recordation date in accordance with 37 CFR 3.51.”

Topics: MPEP 300 - Ownership and Assignment, MPEP 302 - Recording of Assignment Documents, Patent Law, Patent Procedure
Tags: electronic patent assignment, EPAS, non-recordable documents, USPTO secrecy