What types of errors warrant republication of a patent application?
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.
Republication of a patent application is typically warranted for significant errors that materially affect the understanding or examination of the application. According to MPEP 1130:
“The Office may republish patent application publications as corrected publications. Republication may be required when the Office becomes aware of a significant error in a patent application publication that is apparent from the Office records or from an applicant’s call to the Office’s attention.”
Types of errors that may warrant republication include:
- Substantive errors in the specification or claims
- Missing or incorrect drawings
- Errors in bibliographic data that affect identification of the application
- Omission of significant portions of the application content
It’s important to note that minor typographical errors or formatting issues typically do not justify republication.