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