MPEP § 1302.02 — Requirement for a Rewritten Specification (Annotated Rules)
§1302.02 Requirement for a Rewritten Specification
This page consolidates and annotates all enforceable requirements under MPEP § 1302.02, 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.
Requirement for a Rewritten Specification
This section addresses Requirement for a Rewritten Specification. Primary authority: 37 CFR 1.125. Contains: 1 requirement, 2 guidance statements, and 1 other statement.
Key Rules
Patent Application Content
Whenever interlineations or cancellations have been made in the specification or amendments which would lead to confusion and mistake, the examiner should require the entire portion of specification affected to be rewritten before passing the application to issue. See 37 CFR 1.125 and MPEP § 608.01(q).
1. Specific discussion of the sections of the specification or claims required to be rewritten must be set forth.
Form paragraph 13.01 should be used when making such a requirement.
2. See form paragraph 6.28.01 for a substitute specification.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
The interlineations or cancellations made in the specification or amendments to the claims could lead to confusion and mistake during the issue and printing processes. Accordingly, the portion of the specification or claims as identified below is required to be rewritten before passing the case to issue. See 37 CFR 1.125 and MPEP § 608.01(q) .
Citations
| Primary topic | Citation |
|---|---|
| Patent Application Content | 37 CFR § 1.125 |
| Patent Application Content | MPEP § 608.01(q) |
| Patent Application Content | Form Paragraph § 13.01 |
| Patent Application Content | Form Paragraph § 6.28.01 |
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.
Official MPEP § 1302.02 — Requirement for a Rewritten Specification
Source: USPTO1302.02 Requirement for a Rewritten Specification [R-08.2012]
Whenever interlineations or cancellations have been made in the specification or amendments which would lead to confusion and mistake, the examiner should require the entire portion of specification affected to be rewritten before passing the application to issue. See 37 CFR 1.125 and MPEP § 608.01(q).
Form paragraph 13.01 should be used when making such a requirement.
¶ 13.01 Requirement for Rewritten Specification
The interlineations or cancellations made in the specification or amendments to the claims could lead to confusion and mistake during the issue and printing processes. Accordingly, the portion of the specification or claims as identified below is required to be rewritten before passing the case to issue. See 37 CFR 1.125 and MPEP § 608.01(q).
Examiner Note:
- 1. Specific discussion of the sections of the specification or claims required to be rewritten must be set forth.
- 2. See form paragraph 6.28.01 for a substitute specification.