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Question:
If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. What are the requirements for request for a corrected publication?
Answer:
If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication. The request for a corrected publication must:
- be filed within two months from the date of the patent application publication; and
- identify the Office’s material mistake in the publication.
The two-month time period is not extendable.
Chapter Details:
The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions.
The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 1130 of the MPEP. The following is a brief summary of section 1130.
1130 Republication and Correction of Patent Application Publications
This section covers the republication and correction of patent application publications. If an applicant wishes to correct errors in a patent application publication, or republish the application with an amended specification (including amended claims) and/or replacement drawings, applicant may file a request for republication. Further details are covered on what the request for republication must include.
In addition, this section covers material and non-material mistakes made by the Office and the process for correcting them.