What happens to an ‘expunged’ document in the USPTO assignment records?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
When a petition to ‘expunge’ a document is granted, the document is not completely removed from the USPTO assignment records. According to MPEP 323.01(d):
Even if a petition to ‘expunge’ a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the Assignment Services Division at the same reel and frame number, and the image will appear when someone views that reel and frame number.
However, the USPTO takes steps to limit the visibility of the expunged document:
- Links to the application or patent subject to the petition are deleted.
- The document won’t appear in searches for that application or patent number in the Assignment Historical Database.
- A redacted version of the ‘expunged’ document is recorded and appears in the assignment records instead of the original document.
Topics:
MPEP 300 - Ownership and Assignment
Patent Law
Patent Procedure