What information should be included in the affidavit when correcting an erroneous assignment?

When correcting an erroneous assignment, the affidavit or declaration submitted to the USPTO should contain specific information. According to MPEP 323.01(c), the affidavit should include:

  • Identification of yourself as the correct owner
  • A statement that the previously recorded document was submitted with erroneous information
  • The reel and frame number of the previously recorded document
  • A summary of the true chain of title
  • A statement that the original applicant, patentee, or last correct assignee has been and continues to be the owner of the application or patent at issue

The MPEP specifically states: The affidavit or declaration should include a summary of the true chain of title to make it clear that the chain of title for the application or patent identified should not be considered altered by the incorrect assignment or name change, and a statement that the original applicant or patentee or last correct assignee has been, and continues to be, the owner of the application, or patent at issue.

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Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: declaration, error correction, patent assignment, USPTO