What is the proper way to submit corrections to a patent application?
When submitting corrections to a patent application, it’s important to do so in a clear and transparent manner. The MPEP 2011 provides guidance on this process: “In order to assure that any correction is fully considered by the examiner, applicants should file the correction ‘openly’, as in filing the correction under separate cover so that…
Read MoreWhat is the duty of candor when correcting errors in patent applications?
While the “deceptive intent” language has been removed from the law for applications filed on or after September 16, 2012, applicants still have a duty to exercise candor and good faith in all dealings with the USPTO. The MPEP 2011 states: “Even though the ‘deceptive intent’ language has been removed from the law, applicants still…
Read MoreHow should applicants disclose information that refutes or is inconsistent with their patent application?
Applicants have a duty to disclose information that refutes or is inconsistent with positions taken in their patent application. According to MPEP 2011: “Applicants should disclose to the USPTO any information that refutes, or is inconsistent with, a position the applicant takes in: (i) opposing an argument of unpatentability relied on by the Office, or…
Read MoreHow can inventorship errors be corrected in patent applications?
For applications filed on or after September 16, 2012, inventorship errors can be corrected without disclosing the circumstances of the error. This is based on 35 U.S.C. 116(c), which states: “Whenever through error a person is named in an application for patent as the inventor, or through an error an inventor is not named in…
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