King Washington Sample Letter Regarding Original Corrected Assignment
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FAQ
Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.
After recording the document and cover sheet, the USPTO will issue a notice of recordation that reflects the data as recorded in the Assignment database. The party recording the document should carefully review the notice of recordation.
Assignment Recordation puts the USPTO on official notice pertaining to ownership of the Intellectual Property. Subject to the provisions set forth in the MPEP, patents shall have the attributes of personal property. A patent for an invention is the grant of a property right to the inventor.
When the owner of an application or registration discovers that another party has improperly recorded an assignment or name change against the owner's application or patent, the owner must correct the error by having a corrected cover sheet filed with the Assignment Services Division.
You can file such a request by mail as described in MPEP 302.08 or by fax as described in MPEP 302.09. To use EPAS to file electronically, the MPEP instructions say to mark the box labeled "Other" under "Nature of Conveyance" and then fill in the reel and frame information and describe the correction.
Under U.S. law, assignments must be recorded to be effective as against third parties who do not have actual knowledge of the assignment. The statute is similar to recording statutes used for recording real property. Thus, although there is no requirement to record an assignment, it is foolish not to do so.
The USPTO permits recordation of something called a Corrective Assignment which does just that it permits correction of the original recordation.
