TMEP 503.06(f): Petitions to Correct or "Expunge" Assignment Records

October 2017 Edition of the TMEP

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503.06(f)    Petitions to Correct or "Expunge" Assignment Records

To correct an error in a recorded document, the owner of an application or registration should record corrective documents with the Assignment Recordation Branch, in accordance with the procedures outlined in TMEP §§503.06 through 503.06(d).

If the Assignment Recordation Branch denies the request to correct the error, the owner may file a petition to the Director under 37 C.F.R. §2.146.  See TMEP Chapter 1700 regarding petitions.

However, petitions to correct, modify, or "expunge" assignment records are rarely granted.  Such petitions are granted only if the petitioner can prove that: (1) the normal corrective procedures outlined in TMEP §§503.06 through 503.06(d) will not provide the petitioner with adequate relief; and (2) the integrity of the assignment records will not be affected by granting the petition.

Even if a petition to "expunge" a document is granted with respect to a particular application or registration, the images of the recorded document remain in the records of the Assignment Recordation Branch.  The USPTO will delete the links to the application or registration that was the subject of the petition, so that no information about the recorded document will appear when someone searches for that application or registration number in the Assignment database.  However, the image of the document remains at the same reel and frame number, and it will still appear when that reel and frame number is viewed.