When is a petition to expunge necessary for USPTO assignment errors?

A petition to expunge is necessary when there has been a complete error in recording an assignment document at the USPTO. This typically occurs when a document not intended for recording was erroneously recorded. As stated in MPEP 323:

‘In the case of a complete error (e.g., a wrong document is recorded), a petition to expunge the assignment record should be filed.’

Key points about petitions to expunge:

  • They are used for complete errors, not minor corrections
  • The petition should clearly explain the nature of the error
  • Supporting documentation may be required
  • The USPTO will review the petition and make a determination

It’s important to note that expungement is a serious step and should only be used when absolutely necessary.

For more information on USPTO, visit: USPTO.

Topics: MPEP 300 - Ownership and Assignment, MPEP 323 - Procedures for Correcting Errors in Recorded Assignment Document, Patent Law, Patent Procedure
Tags: USPTO