What is the proper way to submit corrections to a patent application?
When submitting corrections to a patent application, it’s important to do so in a clear and transparent manner. The MPEP 2011 provides guidance on this process:
“In order to assure that any correction is fully considered by the examiner, applicants should file the correction ‘openly’, as in filing the correction under separate cover so that the examiner will not be left to determine what is correct.”
Additionally, 37 CFR 1.4(c) requires that each distinct subject must be contained in a separate paper to avoid confusion and delay in responding. This means that:
- Corrections should be submitted separately from other communications
- The nature of the correction should be clearly stated
- Any changes or amendments should be explicitly pointed out
By following these guidelines, applicants can ensure that their corrections are properly considered and processed by the USPTO examiner.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2011 - Correction Of Errors In Application,
Patent Law,
Patent Procedure