MPEP § 1130 — Republication and Correction of Patent Application Publications (Annotated Rules)

§1130 Republication and Correction of Patent Application Publications

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1130, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Republication and Correction of Patent Application Publications

This section addresses Republication and Correction of Patent Application Publications. Primary authority: 37 CFR 1.211, 37 CFR 1.18(d), and 37 CFR 1.17(i). Contains: 5 requirements, 2 permissions, and 7 other statements.

Key Rules

Topic

Correcting Publication Errors

6 rules
StatutoryInformativeAlways
[mpep-1130-c7e95050312fdb68d62f72e9]
Correction Period Not Extendable
Note:
The period for requesting a corrected or revised patent application publication must be filed within two months and cannot be extended.

(b) The Office will grant a request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section only when the Office makes a material mistake which is apparent from Office records. 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.

Jump to MPEP Source · 37 CFR 1.221Correcting Publication ErrorsContent of Patent Application PublicationPublication of Patent Applications
StatutoryInformativeAlways
[mpep-1130-6d3bca5a7650651cf30dce68]
Fees Must Be Paid for Republication
Note:
If fees are not paid, the USPTO will send a letter requiring payment and delay republication of the application.

If the applicant submits a request that does not meet the USPTO patent electronic filing system requirements, the request will be dismissed. If the fees are not paid, the USPTO will send the applicant a letter requiring the fees and republication of the application will be delayed. While there is no set time limit for requesting republication, the application must still be pending.

Jump to MPEP Source · 37 CFR 1.221Correcting Publication ErrorsContent of Patent Application PublicationPublication of Patent Applications
StatutoryRequiredAlways
[mpep-1130-d1ceed9cf061323902c00fba]
Request for Republication Must Be Pending
Note:
The application must remain pending even if there is no set time limit for requesting republication.

If the applicant submits a request that does not meet the USPTO patent electronic filing system requirements, the request will be dismissed. If the fees are not paid, the USPTO will send the applicant a letter requiring the fees and republication of the application will be delayed. While there is no set time limit for requesting republication, the application must still be pending.

Jump to MPEP Source · 37 CFR 1.221Correcting Publication ErrorsPeriod for Reply (37 CFR 1.134)Content of Patent Application Publication
StatutoryPermittedAlways
[mpep-1130-e528f50a7698536b56db6ca9]
Abandoned Or Patented Application Not Republished
Note:
An application recognized as abandoned or issued as a patent will not be republished, even if the Office accepted a request for republication.

If the application is recognized by the Office as abandoned, or has issued as a patent, the application may be removed from the publication process and not republished, even if the Office accepted the request.

Jump to MPEP Source · 37 CFR 1.221Correcting Publication ErrorsContent of Patent Application PublicationPublication of Patent Applications
StatutoryRequiredAlways
[mpep-1130-9034abece8fb3650a72a2b44]
Request for Corrected Patent Application Publication Must Be Filed Within Two Months and Identify Office Mistake
Note:
The request for a corrected patent application publication must be filed within two months of the publication date and must identify any material mistake made by the Office.
The request for a corrected publication under 37 CFR 1.221(b) must:
  • (A) be filed within two months from the date of the patent application publication; and
  • (B) identify the Office’s material mistake in the publication.
Jump to MPEP Source · 37 CFR 1.221(b)Correcting Publication ErrorsContent of Patent Application PublicationPublication of Patent Applications
StatutoryInformativeAlways
[mpep-1130-8e5df70461f3c260aa5c2a78]
Drawings Must Be Included In Publication
Note:
The publication must include all drawings originally filed to avoid a material mistake that could affect the public's understanding of the patent application or the enforceable rights upon issuance.

The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake:

(C) The publication did not include any of the drawings originally filed.

Jump to MPEP Source · 37 CFR 1.221(b)Correcting Publication ErrorsProvisional Rights from PublicationContent of Patent Application Publication
Topic

Content of Patent Application Publication

4 rules
StatutoryInformativeAlways
[mpep-1130-1db9c5cd156aa4594321766f]
Request for Corrected Patent Application Publication When Office Mistake Is Apparent
Note:
The Office will grant a request to correct a patent application publication if an apparent material mistake is made by the Office, and the request must be filed within two months of publication.

(b) The Office will grant a request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section only when the Office makes a material mistake which is apparent from Office records. 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.

Jump to MPEP Source · 37 CFR 1.221Content of Patent Application PublicationPublication of Patent ApplicationsCorrecting Publication Errors
StatutoryRequiredAlways
[mpep-1130-b7f99255f7eefe85f82f6e87]
Request for Corrected Patent Application Publication Must Be Filed Within Two Months
Note:
A request to correct a patent application publication must be submitted within two months of the publication date if the Office makes a material mistake.

(b) The Office will grant a request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section only when the Office makes a material mistake which is apparent from Office records. 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.

Jump to MPEP Source · 37 CFR 1.221Content of Patent Application PublicationPublication of Patent ApplicationsCorrecting Publication Errors
StatutoryInformativeAlways
[mpep-1130-2852ed838538745e30f9cb22]
Request Not Meeting Filing Requirements Will Be Dismissed
Note:
If an applicant's request does not comply with the USPTO patent electronic filing system requirements, it will be dismissed without further consideration.

If the applicant submits a request that does not meet the USPTO patent electronic filing system requirements, the request will be dismissed. If the fees are not paid, the USPTO will send the applicant a letter requiring the fees and republication of the application will be delayed. While there is no set time limit for requesting republication, the application must still be pending.

Jump to MPEP Source · 37 CFR 1.221Content of Patent Application PublicationPublication of Patent ApplicationsCorrecting Publication Errors
StatutoryPermittedAlways
[mpep-1130-511df904674c31de5dc67aac]
Request for Corrected Patent Application Publication
Note:
Applicants may file a request to correct material mistakes in patent application publications if the errors are evident in Office records.

If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication pursuant to 37 CFR 1.221(b). Prior to submitting a request for a corrected publication under 37 CFR 1.221(b), applicant must check applicant’s records (or the USPTO patent electronic filing system) to determine that the application papers submitted to the Office did not contain the alleged material error made by the Office. If applicant submitted a specification that includes illegible text, the Office will not grant a request for corrected publication under 37 CFR 1.221(b) based on errors arising from misinterpretation of such text.

Jump to MPEP Source · 37 CFR 1.221(b)Content of Patent Application PublicationApplication PublicationPublication of Patent Applications
Topic

Processing Fees

2 rules
StatutoryRequiredAlways
[mpep-1130-1f6504b44d2e333b3e80c746]
Request for Republication Must Include Fees and Amendments
Note:
An applicant must file a request for republication of a patent application publication, including the required fees and any amended specification or drawings.
If an applicant wishes to correct errors in a patent application publication, or republish the application with an amended specification (including amended claims) and/or replacement drawings, applicant may file a request for republication pursuant to 37 CFR 1.221(a). The request for republication must include:
  • (A) a copy of the application in compliance with the USPTO patent electronic filing system requirements, e.g., set forth in the Legal Framework for Patent Electronic System (for more information on the USPTO patent electronic filing system see MPEP § 1730 and the USPTO website, www.uspto.gov);
  • (B) the publication fee set forth in 37 CFR 1.18(d); and
  • (C) the processing fee set forth in 37 CFR 1.17(i).
Jump to MPEP Source · 37 CFR 1.221(a)Processing FeesIssue FeesFee Requirements
StatutoryInformativeAlways
[mpep-1130-f6fd3faa61ddd337601058d7]
Processing Fee for Republication Required
Note:
Applicants must pay the processing fee as specified in 37 CFR 1.17(i) when requesting republication of a patent application publication.

If an applicant wishes to correct errors in a patent application publication, or republish the application with an amended specification (including amended claims) and/or replacement drawings, applicant may file a request for republication pursuant to 37 CFR 1.221(a). The request for republication must include:

(C) the processing fee set forth in 37 CFR 1.17(i).

Jump to MPEP Source · 37 CFR 1.221(a)Processing FeesFee RequirementsCorrecting Publication Errors
Topic

Application Publication

2 rules
StatutoryRequiredAlways
[mpep-1130-1136abb08920c7cbc2604af5]
Check Application Records Before Requesting Corrected Publication
Note:
Applicants must verify application papers before requesting a corrected publication to ensure no material error was made by the Office.

If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication pursuant to 37 CFR 1.221(b). Prior to submitting a request for a corrected publication under 37 CFR 1.221(b), applicant must check applicant’s records (or the USPTO patent electronic filing system) to determine that the application papers submitted to the Office did not contain the alleged material error made by the Office. If applicant submitted a specification that includes illegible text, the Office will not grant a request for corrected publication under 37 CFR 1.221(b) based on errors arising from misinterpretation of such text.

Jump to MPEP Source · 37 CFR 1.221(b)Application PublicationGrounds for ReissueReissue Patent Practice
StatutoryInformativeAlways
[mpep-1130-83fe95d891724a0299e56df4]
Illegible Specification Text Prohibits Corrected Publication Request
Note:
If the specification submitted includes illegible text, the Office will not grant a request for corrected publication under 37 CFR 1.221(b) based on errors arising from misinterpretation of such text.

If the Office made a material mistake in a patent application publication that is apparent from the Office records and applicant wishes to correct the material mistake, applicant may file a request for corrected publication pursuant to 37 CFR 1.221(b). Prior to submitting a request for a corrected publication under 37 CFR 1.221(b), applicant must check applicant’s records (or the USPTO patent electronic filing system) to determine that the application papers submitted to the Office did not contain the alleged material error made by the Office. If applicant submitted a specification that includes illegible text, the Office will not grant a request for corrected publication under 37 CFR 1.221(b) based on errors arising from misinterpretation of such text.

Jump to MPEP Source · 37 CFR 1.221(b)Application PublicationPatent Application ContentCorrecting Publication Errors
Topic

Intervening Rights After Reinstatement

2 rules
StatutoryInformativeAlways
[mpep-1130-dd10988db4dcb5fd89b84de8]
Two-Month Time Period Not Extendable for Corrected Publication
Note:
A two-month time period for corrected publication is not extendable. Applicants must include specific details and cannot use the 37 CFR 1.221(b) process if the period has expired or due to their own mistakes.

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. 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).

Jump to MPEP Source · 37 CFR 1.221(a)Intervening Rights After ReinstatementLate Payment and ReinstatementContent of Patent Application Publication
StatutoryRecommendedAlways
[mpep-1130-1997207254032c646846ad95]
Request for Corrected Patent Application Publication Must Include Specific Elements
Note:
A request for corrected publication must list errors, provide marked-up pages, and indicate original filing text. This requirement applies if the two-month period has not been extended.

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. 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).

Jump to MPEP Source · 37 CFR 1.221(a)Intervening Rights After ReinstatementLate Payment and ReinstatementApplication Publication
Topic

Publication of Pending Claims

2 rules
StatutoryInformativeAlways
[mpep-1130-5ab450559afa1c355fdf0401]
Claims Must Be Supported by Specification
Note:
The patent application publication must include all parts of the specification that support the claims. This ensures the public can understand the technical disclosure and determine the scope of enforceable rights.

The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake:

(B) The publication did not include a part of the specification that provides support for the published claims.

Jump to MPEP Source · 37 CFR 1.221(b)Publication of Pending ClaimsComponents Required for Filing DatePatent Application Content
StatutoryInformativeAlways
[mpep-1130-f074c5565590cd2bcde48d75]
Publication May Include Minor Typographical Errors
Note:
Patent application publications may contain minor typographical errors that do not affect the interpretation of published claims and do not require correction by the Office.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

(E) The publication includes typographical errors that do not affect the interpretation of the published claims.

Jump to MPEP Source · 37 CFR 1.221(b)Publication of Pending ClaimsContent of Patent Application PublicationPublication of Patent Applications
Topic

AIA Effective Dates

2 rules
StatutoryInformativeAlways
[mpep-1130-5af162b8b5aac7fca4a6ea6b]
Publication Does Not Include Prior Application Reference After Sep 16, 2012
Note:
For applications filed on or after September 16, 2012, the publication will not include a benefit claim to a prior-filed nonprovisional application if the reference was timely submitted in an application data sheet.

The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake:

(D) For applications filed on or after September 16, 2012, the publication did not include the benefit claim to a prior-filed nonprovisional application where the specific reference was timely submitted in an application data sheet (ADS).

Jump to MPEP Source · 37 CFR 1.221(b)AIA Effective DatesAIA Overview and Effective DatesApplication Data Sheet
StatutoryInformativeAlways
[mpep-1130-ce8ca3fce13eb8d1cb8875dc]
Prior Filed Nonprovisional Application Benefit Not Published Before September 16, 2012
Note:
For applications filed before September 16, 2012, the publication did not include a benefit claim to a prior-filed nonprovisional application if the reference was timely submitted in the first sentences of the specification or ADS.

The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake:

For applications filed before September 16, 2012, the publication did not include the benefit claim to a prior-filed nonprovisional application where the specific reference was timely submitted in the first sentences of the specification or ADS.

Jump to MPEP Source · 37 CFR 1.221(b)AIA Effective DatesComponents Required for Filing DateAIA Overview and Effective Dates
Topic

Drawing Amendments in Reissue

2 rules
StatutoryInformativeAlways
[mpep-1130-5ad349db1beb66894b438828]
Assignment Information Not Required for Publication
Note:
Applicants should not request a corrected publication if the publication lacks assignment information, as this is not considered an Office error.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations (A) The publication did not include assignment information.

Jump to MPEP Source · 37 CFR 1.221(b)Drawing Amendments in ReissueCorrespondence Address RequirementsCorrespondence with the Office
StatutoryInformativeAlways
[mpep-1130-f039ceb56c253ef672964526]
Figure on First Page Must Match Applicant’s Suggestion
Note:
The first page of the publication must include the figure suggested by the applicant and cannot be different.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

(F) The first page of the publication includes a figure other than the figure suggested by the applicant.

Jump to MPEP Source · 37 CFR 1.221(b)Drawing Amendments in ReissueCorrespondence Address RequirementsCorrespondence with the Office
Topic

Request for Early Publication

1 rules
StatutoryRequiredAlways
[mpep-1130-e9fb5c468cf08c8aa9be9a96]
Requirement for Application Copy and Fees
Note:
Requests to publish applications filed before November 29, 2000, must include a compliant application copy and fees.

(a) Any request for publication of an application filed before, but pending on, November 29, 2000, and any request for republication of an application previously published under § 1.211, must include a copy of the application in compliance with the USPTO patent electronic filing system requirements and be accompanied by the publication fee set forth in § 1.18(d) and the processing fee set forth in § 1.17(i). If the request does not comply with the requirements of this paragraph or the copy of the application does not comply with the USPTO patent electronic filing system requirements, the Office will not publish the application and will refund the publication fee.

Jump to MPEP Source · 37 CFR 1.211Request for Early PublicationProcessing FeesIssue Fees
Topic

Issue Fees

1 rules
StatutoryInformativeAlways
[mpep-1130-35223f1cb755dd44dd2055a9]
Publication Fee Refund If Application Does Not Meet Requirements
Note:
If the request for publication does not comply with the USPTO patent electronic filing system requirements, the Office will not publish the application and refund the publication fee.

(a) Any request for publication of an application filed before, but pending on, November 29, 2000, and any request for republication of an application previously published under § 1.211, must include a copy of the application in compliance with the USPTO patent electronic filing system requirements and be accompanied by the publication fee set forth in § 1.18(d) and the processing fee set forth in § 1.17(i). If the request does not comply with the requirements of this paragraph or the copy of the application does not comply with the USPTO patent electronic filing system requirements, the Office will not publish the application and will refund the publication fee.

Jump to MPEP Source · 37 CFR 1.211Issue FeesFee RequirementsPublication of Patent Applications
Topic

Late Payment and Reinstatement

1 rules
StatutoryRecommendedAlways
[mpep-1130-808767b75d1e670a163a9962]
Correct Mistakes by Filing Request for Republication After Deadline
Note:
Applicants can correct mistakes made after the deadline or due to their own errors by filing a request for republication under 37 CFR 1.221(a) instead of requesting corrected publication under 37 CFR 1.221(b).

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. 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).

Jump to MPEP Source · 37 CFR 1.221(a)Late Payment and ReinstatementIntervening Rights After ReinstatementCorrecting Publication Errors
Topic

Support in Original Patent

1 rules
StatutoryPermittedAlways
[mpep-1130-ea3442a9c94ccf62491c58de]
Material Mistake Required for Corrected Publication
Note:
The Office will grant a corrected publication only when there is a material mistake in the patent application publication that affects public understanding of the technical disclosure or claim scope.
The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake:
  • (A) The publication did not include claims that were included in the originally-filed specification and not canceled by a preliminary amendment.
  • (B) The publication did not include a part of the specification that provides support for the published claims.
  • (C) The publication did not include any of the drawings originally filed.
  • (D) For applications filed on or after September 16, 2012, the publication did not include the benefit claim to a prior-filed nonprovisional application where the specific reference was timely submitted in an application data sheet (ADS). For applications filed before September 16, 2012, the publication did not include the benefit claim to a prior-filed nonprovisional application where the specific reference was timely submitted in the first sentences of the specification or ADS.
Jump to MPEP Source · 37 CFR 1.221(b)Support in Original PatentPriority/Benefit Claims in ADSNo New Matter in Reissue
Topic

Components Required for Filing Date

1 rules
StatutoryInformativeAlways
[mpep-1130-d7aa6efc76de3a1d868ac00b]
Claims Must Be Included in Publication
Note:
The publication must include claims that were originally filed and not canceled by a preliminary amendment, ensuring the public can understand the patent's scope.

The Office will grant a request for a corrected publication under 37 CFR 1.221(b) only when the Office makes a material mistake which is apparent from Office records. A material mistake means a mistake that affects the public’s ability to appreciate the technical disclosure of the patent application publication or determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent. An error in the claims, the filing date of the application, or a serious error in the written description or drawings that is necessary to support the claims may be a material error. The following are examples of material mistake (A) The publication did not include claims that were included in the originally-filed specification and not canceled by a preliminary amendment.

Jump to MPEP Source · 37 CFR 1.221(b)Components Required for Filing DateAmendments in ReissuePatent Application Content
Topic

Correspondence Address in ADS

1 rules
StatutoryRecommendedAlways
[mpep-1130-f64610d7c8b30e3f0106db99]
No Material Errors for Corrected Publications
Note:
Applicants should not request corrected publications if there are no material errors made by the Office. Minor typographical errors or missing information do not qualify as material mistakes.
Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:
  • (A) The publication did not include assignment information.
  • (B) The publication shows the wrong assignee or the name of the assignee is misspelled.
  • (C) The publication did not include a benefit or priority claim to a prior application. For example, where either the claim was not timely filed or the reference to the prior application under 37 CFR 1.78 was not properly submitted in an application data sheet (ADS) (for applications filed on or after September 16, 2012) or the reference to the prior application under 37 CFR 1.78 was not properly submitted in the first sentences of the specification or in an application data sheet (ADS) (for applications filed before September 16, 2012). See MPEP §§ 211 et seq.
  • (D) The publication did not include claims or changes submitted in an amendment.
  • (E) The publication includes typographical errors that do not affect the interpretation of the published claims.
  • (F) The first page of the publication includes a figure other than the figure suggested by the applicant.
Jump to MPEP Source · 37 CFR 1.221(b)Correspondence Address in ADSColumn and Line ReferencesADS Content Requirements
Topic

Who May File Reissue

1 rules
StatutoryInformativeAlways
[mpep-1130-6415493581cdba8ac573a4fc]
Wrong Assignee In Publication
Note:
Applicants should not request corrections for publications showing incorrect assignees or misspelled names if no Office error is present.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

(B) The publication shows the wrong assignee or the name of the assignee is misspelled.

Jump to MPEP Source · 37 CFR 1.221(b)Who May File ReissueReissue Ownership and ConsentDrawing Amendments in Reissue
Topic

Continuation Benefit Claims

1 rules
StatutoryInformativeAlways
[mpep-1130-98e8668d88c87655922f133f]
No Prior Application Reference Required
Note:
Applicants must include a benefit claim to a prior application in the publication; failure to do so does not constitute an Office error.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

(C) The publication did not include a benefit or priority claim to a prior application.

Jump to MPEP Source · 37 CFR 1.221(b)Continuation Benefit ClaimsPriority and Benefit ClaimsBenefit Claim in ADS
Topic

Benefit Claim in ADS

1 rules
StatutoryInformativeAlways
[mpep-1130-d044db31a1730eb43ab82e7e]
Requirement for Proper Prior Application Reference
Note:
The rule requires that a prior application reference be properly submitted in the first sentences of the specification or an application data sheet for applications filed before September 16, 2012, and through an application data sheet for applications filed on or after September 16, 2012.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

For example, where either the claim was not timely filed or the reference to the prior application under 37 CFR 1.78 was not properly submitted in an application data sheet (ADS) (for applications filed on or after September 16, 2012) or the reference to the prior application under 37 CFR 1.78 was not properly submitted in the first sentences of the specification or in an application data sheet (ADS) (for applications filed before September 16, 2012). See MPEP §§ 211 et seq.

Jump to MPEP Source · 37 CFR 1.221(b)Benefit Claim in ADSBenefit Claim in SpecificationContinuation Benefit Claims
Topic

Amendments in Reissue

1 rules
StatutoryInformativeAlways
[mpep-1130-73ebfae4f7bce0700cc49300]
Claims Not Included In Publication
Note:
Applicants must not request a corrected publication if the amendment's claims were not included, as it is not an Office error.

Applicants should not file requests for corrected publication that include no material error made by the Office. Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes. A failure to use a figure suggested by the applicant for the first page of the publication or to include an amendment is not an Office error. See MPEP § 1121. For example, applicants should not file a request for a corrected publication under 37 CFR 1.221(b) for the following situations:

(D) The publication did not include claims or changes submitted in an amendment.

Jump to MPEP Source · 37 CFR 1.221(b)Amendments in ReissueDrawing Amendments in ReissueCorrespondence Address Requirements
Topic

PTA Reduction – Applicant Delay

1 rules
StatutoryPermittedAlways
[mpep-1130-717f1f5692ddc2927b935c8f]
PTA Reduction for Non-Material Errors During Corrected Publication
Note:
Patent term adjustment may be reduced if the USPTO makes only non-material errors during a request for corrected publication under 37 CFR 1.221(b).

A request for corrected publication under 37 CFR 1.221(b) may result in a patent term adjustment reduction where the Office made only non-material errors (especially those listed above).

Jump to MPEP Source · 37 CFR 1.221(b)PTA Reduction – Applicant DelayRequest for Reconsideration of PTAPatent Term Adjustment

Citations

Primary topicCitation
Issue Fees
Processing Fees
Request for Early Publication
37 CFR § 1.17(i)
Issue Fees
Processing Fees
Request for Early Publication
37 CFR § 1.18(d)
Issue Fees
Request for Early Publication
37 CFR § 1.211
Intervening Rights After Reinstatement
Late Payment and Reinstatement
Processing Fees
37 CFR § 1.221(a)
AIA Effective Dates
Amendments in Reissue
Application Publication
Benefit Claim in ADS
Components Required for Filing Date
Content of Patent Application Publication
Continuation Benefit Claims
Correcting Publication Errors
Correspondence Address in ADS
Drawing Amendments in Reissue
Intervening Rights After Reinstatement
Late Payment and Reinstatement
PTA Reduction – Applicant Delay
Publication of Pending Claims
Support in Original Patent
Who May File Reissue
37 CFR § 1.221(b)
Benefit Claim in ADS
Continuation Benefit Claims
Correspondence Address in ADS
37 CFR § 1.78
Amendments in Reissue
Benefit Claim in ADS
Continuation Benefit Claims
Correspondence Address in ADS
Drawing Amendments in Reissue
Publication of Pending Claims
Who May File Reissue
MPEP § 1121
Processing FeesMPEP § 1730
Benefit Claim in ADS
Continuation Benefit Claims
Correspondence Address in ADS
MPEP § 211

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31