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