How can inventorship be corrected in a national stage application?
The process for correcting inventorship in a national stage application depends on the international filing date of the application: For applications with an international filing date on or after September 16, 2012: Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated…
Read MoreWhat happens if I fail to underline the entire benefit claim in a corrected ADS?
What happens if I fail to underline the entire benefit claim in a corrected ADS? Failing to properly underline the entire benefit claim in a corrected Application Data Sheet (ADS) can have serious consequences. The MPEP 211.02(a) states: If the corrected ADS fails to identify the benefit claim with underlining of all text inserted, the…
Read MoreHow can I correct a timely submitted benefit claim with errors?
How can I correct a timely submitted benefit claim with errors? If you’ve submitted a benefit claim within the required time period but it contains errors, you can correct it without filing a petition. According to MPEP 211.02(a): “A petition under 37 CFR 1.78 and the petition fee would not be required for correcting a…
Read MoreHow can I correct an improper incorporation by reference in a patent application?
To correct an improper incorporation by reference in a patent application: File an amendment to include the material that was improperly incorporated. Submit a statement that the amendment contains no new matter. Ensure the correction is made within the time period set by the Office, or no later than the close of prosecution as defined…
Read MoreHow can I correct a missing or incorrect benefit claim on my filing receipt?
If you receive a filing receipt with missing or incorrect benefit claim information, you can request a corrected filing receipt. However, the Office will only grant such a request if the proper reference to the prior application is included: For applications filed on or after September 16, 2012: in an Application Data Sheet (ADS) For…
Read MoreHow can I correct and resubmit returned assignment documents?
If your assignment documents or cover sheets are returned by the Assignment Division, you can correct and resubmit them within a specified time period to maintain the original receipt date. The USPTO states: “Assignment documents and cover sheets, or copies of the same, which are returned by Assignment Division will be stamped with the original…
Read MoreHow can an applicant correct or add a priority claim in an international application?
An applicant can correct or add a priority claim in an international application according to PCT Rule 26bis.1. This is referenced in 37 CFR 1.451(d), which states: The applicant may correct or add a priority claim in accordance with PCT Rule 26bis.1. PCT Rule 26bis.1 allows for the correction or addition of a priority claim…
Read MoreCan a foreign priority claim be corrected after filing a patent application?
Yes, a foreign priority claim can be corrected after filing a patent application, but there are specific procedures and time limitations to follow. According to MPEP 214.04: ‘The time period for making a claim for priority under 37 CFR 1.55 is set forth in 37 CFR 1.55(d)… If the claim for priority or the certified…
Read MoreHow can inventorship be corrected in a patent application?
Inventorship in a patent application can be corrected through the following methods: Filing a request under 37 CFR 1.48 to correct or change inventorship. For applications filed on or after September 16, 2012, this request should include: An application data sheet (ADS) identifying each inventor by their legal name The processing fee set forth in…
Read MoreCan I correct a timely benefit claim without a petition?
Can I correct a timely benefit claim without a petition? Yes, in certain circumstances, you can correct a timely benefit claim without filing a petition. The MPEP 211.02(a) provides guidance on this: If an applicant includes a benefit claim in a timely filed application data sheet (ADS), but the benefit claim contains a typographical error…
Read More