What are the consequences of submitting a request for corrected publication for non-material mistakes?
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.
To learn more: