What types of errors are not considered material mistakes in patent application publications?

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.

The USPTO does not consider certain errors as material mistakes in patent application publications. These include:

• Errors in correspondence address
• Missing or incorrect assignment information
• Minor typographical errors
• Missing section headings
• Failure to include an amendment

The MPEP specifically states: “Errors in the correspondence address, the assignment information or missing assignment information, minor typographical errors or missing section headings are not material mistakes.“

Additionally, the following are examples of non-material mistakes:

• Absence of assignment information
• Wrong assignee name or misspelling
• Missing benefit or priority claim to a prior application (if not timely filed or properly submitted)
• Omission of claims or changes submitted in an amendment
• Typographical errors that don’t affect the interpretation of published claims

Applicants should not file requests for corrected publication under 37 CFR 1.221(b) for these types of errors.