What are the consequences of submitting a request for corrected publication for non-material mistakes?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Submitting a request for corrected publication under 37 CFR 1.221(b) for non-material mistakes can have unintended consequences. The MPEP warns:
“A request for corrected publication under 37 CFR 1.221(b) may result in a patent term adjustment reduction where the Office made only non-material errors (especially those listed above).”
This means that if you request a correction for errors that the USPTO considers non-material, such as:
- Missing assignment information
- Wrong assignee name
- Missing benefit or priority claims (if not timely filed)
- Typographical errors not affecting claim interpretation
You may face a reduction in your patent term adjustment. It’s crucial to carefully consider whether an error is truly material before filing a request for corrected publication to avoid potentially shortening the term of your patent protection.