Patent Law FAQ

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”

If there is an error in the pre-printed prior application data on the bib-data sheet:

• The examiner should require correction via a corrected or supplemental application data sheet or an amendment, if it was an applicant error.
• A petition for an unintentionally delayed benefit claim may also be required.
• If appropriate, the correction or entry of the data can be made by technical support staff of the Technology Center.

See MPEP 601.05 and MPEP 211.02(a) for more details.

If there’s an error in the preprinted prior application data, the following steps should be taken:

1. If the error is in the Patent Data Portal database, it can be corrected by technical support staff of the Technology Center.
2. After the data is corrected, a new bib-data sheet should be printed and scanned into the file.
3. If the error was made by the applicant, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.
4. In some cases, a petition for an unintentionally delayed benefit claim may also be required.

The MPEP states: “Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate. Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.” (MPEP 202)

An examiner should check the following on the bib-data sheet regarding prior applications:

1. Accuracy of prior application data, including provisional application data
2. Whether the application is copending with prior nonprovisional applications for which benefit is claimed
3. Correct application numbers of provisional applications for which benefit is claimed
4. Proper listing of foreign applications qualifying for benefits under 35 U.S.C. 119(a)-(d)

MPEP 202 instructs: “Where the data is correct, the examiner should initial the bib-data sheet in the provided space. Should there be an error in the preprinted prior application data, the correction or entry of the data in the Patent Data Portal data base can be made by technical support staff of the Technology Center, if appropriate.”

Cross-noting in patent applications refers to the process of recording and verifying information about prior applications, including U.S. and foreign applications, for which benefit or priority is claimed. This information is typically noted on the bibliographic data (bib-data) sheet of the application and is used to ensure accurate representation of priority claims on the front page of a printed patent.

According to MPEP 202, “The front page of a printed patent identifies all prior applications for which benefits are claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in continuation-in-part, continuation, divisional, and reissue applications.”

For foreign priority applications, the bib-data sheet should include:

• Application number
• Country (or intellectual property authority)
• Day, month, and year of filing

MPEP 202 specifies: “A bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application that the U.S. application is claiming the priority of. The examiner should check this information for accuracy.”

It’s important to note that only countries qualifying for benefits under 35 U.S.C. 119(a)-(d) should be listed. Applications from non-qualifying countries should be lined through on the bib-data sheet.

Foreign priority application information is handled as follows on the bib-data sheet:

• If a proper foreign priority claim is not listed on the bib-data sheet, the examiner should add the information and forward it for correction in the Office computer systems.
• Applications listed on the bib-data sheet but filed in countries not qualifying for benefits under 35 U.S.C. 119(a)-(d) should be lined through.
• The bib-data sheet should include the application number, country (or intellectual property authority), day, month, and year of each foreign application claiming priority.
• Examiners should check this information for accuracy and make corrections if necessary.

The MPEP states: “If a foreign application listed on the oath or declaration (for applications filed prior to September 16, 2012) or application data sheet is not listed on the bib-data sheet and the foreign priority claim is proper (e.g., the foreign priority claim was timely made ), the examiner should provide the information regarding the foreign application number, the country, and the filing date on the bib-data sheet and forward the marked-up bib-data sheet to the Legal Instrument Examiner for correction in the Office computer systems.” (MPEP 202)

Errors in prior application data on the bib-data sheet are corrected as follows:

1. If the error is in the preprinted data: The examiner can have the technical support staff of the Technology Center make corrections in the Patent Data Portal database.
2. If the error is an applicant error: The examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate.

MPEP 202 states: “Upon entry of the data, a new bib-data sheet should be printed and scanned into the file. If the error was an applicant error, the examiner should require correction via a corrected or supplemental application data sheet or an amendment, as appropriate. See MPEP § 601.05 et seq. and MPEP § 211.02(a). A petition for an unintentionally delayed benefit claim may also be required. See MPEP § 211.04.”