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