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   Expunging a faulty Assignment vs nunc pro tunc ass
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   Author  Topic: Expunging a faulty Assignment vs nunc pro tunc ass  (Read 5419 times)
EricR
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Expunging a faulty Assignment vs nunc pro tunc ass
« on: Aug 3rd, 2007, 7:00pm »
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I have a situation where an assignment was made in error and was recorded with the PTO.  (Both parties admit it was in error.)  Does anyone have any comments on the best way to correct.  I see three options:
1) doing another (regular) assignment back;
2) doing a nunc pro tunc assignment with an effective date of the first transfer; and
3) petitioning the PTO to expunge under MPEP 323.01(d), but such petitions "are rarely granted."
 
Any comments regarding pros/cons of "nunc pro tunc" and/or expungment of recorded assignments would be appreciated.  Also, seeing as how the PTO admits that it rarely grants petitions to expunge, any comments from someone who has done one, successful or not, would be appreciated.
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Bill Richards
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Re: Expunging a faulty Assignment vs nunc pro tunc
« Reply #1 on: Aug 5th, 2007, 2:57pm »
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Are the as-filed assignments invalid or ineffective for any reason?  Or, did they meet the formal requirements, but were just wrong?
If the latter, I'd suggest trying Option 1 and just file the proper assignments to correct the mess.
You might also want to draft some sort of document that memorializes the agreement that will be made between all the parties to this corrective action.  Probably something like a contract and including, of course, consideration for doing what they're doing, even if it's the elusive $1.
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William B. Richards, P.E.
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