uspto.gov
Skip over navigation

28 – Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b)

Deciding Office: The Office of Petitions

The criteria for Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b) are set forth in 37 CFR 1.221 (b), MPEP § 1130.

In general, these are the steps to follow for filing a Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b):

  • Submit a signed request that includes information listed in Requirements of a Petition within two (2) months of the date of the patent application publication that identifies the Office’s material mistake.  The two month period is not extendable.
  • A material mistake is an error that affects the public’s ability to appreciate the technical disclosure of the patent application publication, to determine the scope of the patent application publication, or to determine the scope of the provisional rights that an applicant may seek to enforce upon issuance of a patent.  Examples of a material mistake usually include:
    • an error in the published claims,
    • an omission in the published specification or drawings, and
    • an omission in the benefit claim.

Examples of a non-material mistake, for which the request will not be granted, include:

  • an error in the assignment information, the inventor information, or the title and
  • typographical errors in the publication that do not affect the interpretation of the published claims

Fees:

  • No petition fee required for Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b)

How to File:

Please Note:

  • If the two month period has expired or the mistake is caused by the applicants, applicants may correct the mistakes by filing a request for republication under 37 CFR 1.221 (a), and should not file a request for corrected publication under 37 CFR 1.221 (b).  Requests for republication under 37 CFR 1.221 (a) are filed entirely online without review by a human and must be submitted via the EFS System as a “Pre-Grant Publication”.  Guidance for filing a request under 37 CFR 1.221(a) can be found here.

For the relevant patent laws and rules applicable to Petitions for Correction of Patent Application Publications under 37 CFR 1.221 (b), please see:

  • 37 CFR 1.221(b), Voluntary publication or republication of patent application publication and
  • MPEP § 1130, Republication and Correction of Patent Application Publications         

Forms:

No form available.  Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

United States Patent and Trademark Office
This page is owned by Office of Patent Legal Administration.
Last Modified: 10/23/2013 12:10:48 PM