How should a patent owner handle corrections of factual information in a supplemental examination request?

When a patent owner wishes to correct factual information in a supplemental examination request, such as foreign priority or domestic benefit claims, they should:

1. Include the item of information related to the correction of factual information.
2. Provide one or more additional items of information that show how the patentability of the claims depends on the corrected factual information.
3. Include a detailed explanation of how each additional item of information may be applied to the claims if the correction is not made.
4. Provide an explanation of how the patent owner is entitled to the corrected factual information, where appropriate.

The MPEP states: If the request includes an item of information limited to a correction of factual information, such as a foreign priority or domestic benefit claim, or the common ownership of the claimed invention, the request should also include one or more additional item(s) of information that potentially provide evidence that the patentability of the claims depends upon the factual information to be corrected.

To learn more:

• Supplemental Examination
• Factual Information Correction
• Priority Claims
• Benefit Claims