How does the USPTO handle clerical or typographical errors in patent applications?

How does the USPTO handle clerical or typographical errors in patent applications?

The USPTO recognizes that clerical or typographical errors can occur in patent applications. According to MPEP 2163.07:

Where a clerical or typographical error in an application is not apparent from the record, amendment to correct such error may be permitted without any further showing.

This means that:

  • Obvious errors can be corrected without additional evidence
  • The error and its correction should be clear from the context of the application
  • More substantial changes may require further explanation or evidence

It’s important to note that corrections should not introduce new matter into the application. If the proposed correction is not apparent from the record, the examiner may require further explanation or evidence to ensure compliance with 35 U.S.C. 132 and 35 U.S.C. 251.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2163.07 - Amendments To Application Which Are Supported In The Original Description, Patent Law, Patent Procedure
Tags: clerical errors, Typographical errors, USPTO