What happens if an erroneous citation is found in a patent application ready for issue?
When an erroneous citation is discovered in a patent application that is otherwise ready for issue, the examiner is required to take specific action. According to MPEP 1302.12:
In any application, otherwise ready for issue, in which an erroneous citation has not been formally corrected in an official paper, the examiner is directed to correct the citation by an examiner’s amendment.
This process involves:
- The examiner identifying the erroneous citation
- Preparing an examiner’s amendment to formally correct the error
- Ensuring the correction is made before the application proceeds to issuance
For more details on the procedure for correcting citations, refer to MPEP § 707.05(g). This practice helps maintain the accuracy and integrity of the patent document.
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