What are the time limits for requesting a corrected patent application publication?
The time limit for requesting a corrected patent application publication due to a material mistake made by the USPTO is strictly defined:
“Any request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section must be filed within two months from the date of the patent application publication. This period is not extendable.”
It’s crucial to note that this two-month period cannot be extended. If you miss this deadline or if the mistake was caused by the applicant rather than the USPTO, you have a different option:
“If the period has expired or the mistake is caused by the applicants, applicants may correct the mistakes by filing a request for republication under 37 CFR 1.221(a), and should not file a request for corrected publication under 37 CFR 1.221(b).”
For republication requests under 37 CFR 1.221(a), there is no set time limit, but the application must still be pending.
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