What happens if there’s an error in my assignment submission?

If there’s an error in your assignment submission, the USPTO will notify you and provide an opportunity to correct the issue. The process differs slightly depending on the submission method:

  • For fax submissions: The USPTO will fax back the entire document, cover sheet, and a “Notice of Non-Recordation” explaining the issue.
  • For electronic (EPAS) submissions: The USPTO will attempt to fax the notice back. If faxing isn’t possible, they may use other means to notify you.

As stated in MPEP 302.09: “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.”

To correct the error:

  1. Make the necessary corrections to the document or cover sheet
  2. Resubmit the corrected document by mail to the address in 37 CFR 3.27
  3. Timely resubmission may allow you to retain the initial receipt date as the recordation date

Always double-check your submissions for accuracy to avoid delays in recording your assignment.

Topics: MPEP 300 - Ownership and Assignment, MPEP 302 - Recording of Assignment Documents, Patent Law, Patent Procedure