Patent Law FAQ

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.”