What 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 MoreWhat should I do if my Sequence Listing XML contains errors?
If your Sequence Listing XML contains errors, the USPTO will notify you through a PAIR document titled “Computer Readable Form (CRF) for Sequence Listing – Defective.” According to MPEP 2416, you must provide: A replacement “Sequence Listing XML” part of the disclosure A statement identifying the location of all additions, deletions, or replacements of sequence…
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…
Read MoreWhat types of errors can be corrected through a Certificate of Correction for applicant’s mistake?
A Certificate of Correction for applicant’s mistake can correct various types of errors, including: Typographical errors in the specification, drawings, or claims Errors in bibliographic data (e.g., inventor names, priority claims) Minor clerical or typographical errors in the patent As stated in MPEP 1481: “The types of mistakes for which a certificate of correction of…
Read MoreCan a reissue application be filed to correct errors discovered during litigation?
Can a reissue application be filed to correct errors discovered during litigation? Yes, a reissue application can be filed to correct errors discovered during litigation, but there are important considerations: Error requirement: The error must be one that renders the patent wholly or partly inoperative or invalid. No new matter: The correction must not introduce…
Read MoreWhat is the purpose of republication of patent application publications?
The purpose of republication of patent application publications is to correct errors in the original publication or to add previously omitted material. According to MPEP 1130: “The Office may republish patent application publications as corrected publications. Republication may be required when the Office becomes aware of a significant error in a patent application publication that…
Read MoreWhat is the examiner’s role in identifying mistakes in international patent applications?
While examiners are not primarily responsible for discovering mistakes in international patent applications, they may bring errors to the applicant’s attention if they notice them. The MPEP 1876 states: “Although the examiner is not responsible for discovering mistakes in the international application, if any mistakes come to the attention of the examiner, they may be…
Read MoreHow can applicants correct errors in a published patent application?
Correcting errors in a published patent application depends on the nature of the error and when it’s discovered. According to MPEP 1121: Before publication: Applicants can review bibliographic information and scanned application papers via Patent Center or Private PAIR Errors should be brought to the Office’s attention before technical preparations for publication begin (generally four…
Read MoreWhat is the process for correcting errors in an examiner’s time and activity report?
The USPTO has a specific process for correcting errors in an examiner’s time and activity report. According to MPEP 1705, the process involves the following steps: If an examiner notices missing or incorrect information on their report, they should promptly notify their supervisory patent examiner (SPE). The SPE will report the necessary changes and corrections…
Read MoreHow can an applicant correct errors in a priority claim for a PCT application?
An applicant can correct errors in a priority claim for a PCT application in the following ways: Before international publication: The applicant can submit a notice to the International Bureau to add or correct a priority claim. This must be done within 16 months from the priority date or 4 months from the international filing…
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