What is the legal basis for correcting typographical errors in recorded assignment documents?

The legal basis for correcting typographical errors in recorded assignment documents is primarily found in the Manual of Patent Examining Procedure (MPEP) and the Code of Federal Regulations (CFR). Specifically:

  • MPEP 323.01(b) outlines the procedures for correcting such errors.
  • 37 CFR 3.41 provides the regulatory basis for the fees associated with these corrections.

Additionally, case law supports these procedures. The MPEP cites:

See In re Abacab International Computers Ltd., 21 USPQ2d 1078 (Comm’r Pat. 1987).

This case reinforces the USPTO’s authority to correct such errors and the procedures for doing so. The combination of statutory regulations, administrative procedures, and case law provides a comprehensive legal framework for addressing typographical errors in recorded assignment documents.

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Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: Assignment, document correction, patent law, Typographical errors