Can an incomplete patent application be corrected?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an incomplete patent application can often be corrected, but the process and consequences depend on the specific deficiencies. While MPEP 203.06 doesn’t directly address corrections, it implies that applications lacking essential parts are incomplete:

An application that is not entitled to a filing date (e.g., for lacking some of the essential parts) is termed an incomplete application.

To correct an incomplete application:

• Identify the missing components
• Submit the missing parts as soon as possible
• Pay any required fees
• Be aware that the filing date may be adjusted to the date when all essential parts are received

It’s important to note that some deficiencies may result in the need to file a new application. Consult with a patent attorney or agent for specific guidance on your situation.