How can I request a correction for a material mistake in a published patent application?

To request a correction for a material mistake in a published patent application:

1. File a request for corrected publication under 37 CFR 1.221(b) within two months from the publication date
2. Identify the Office’s material mistake in the publication
3. Include a listing of alleged material errors, marked-up copies of relevant pages, and indicate where the correct text appears in the original specification

The MPEP advises: “The two-month time period is not extendable. A request for corrected publication should include a listing of the alleged material errors made by the Office, marked up copies of the relevant pages of the publication and an indication of where in the specification as filed the relevant text appears.“

It’s crucial to verify that the error was indeed made by the Office and not present in the submitted application papers before filing this request.

To learn more:

• corrected publication
• material mistake
• patent application
• USPTO procedure