Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

c Expand All C Collapse All

MPEP 200 – Types and Status of Application; Benefit and Priority Claims (1)

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)

MPEP 202-Cross-Noting (1)

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)

MPEP 300 – Ownership and Assignment (1)

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

MPEP 308 – Issue to Applicant (1)

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

Patent Law (2)

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)

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

Patent Procedure (2)

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)

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.