Patent Publication Services
As set forth in 37 CFR 1.221(b), the Office will grant a request
for correction to a published patent application only where the
Office has made a material mistake which is apparent from Office
records.
Note: Only errors that are material will be corrected.
What is the criteria for a material mistake?
A material mistake must affect the public's ability to:
- appreciate the technical disclosure of the
patent application publication,
- determine the scope of the patent application
publication; or
- determine the scope of the provisional rights
that an applicant might seek to enforce upon issuance of a
patent.
Examples of errors that may be considered
to be material errors:
- missing claims
- missing pages of the specification
- missing pages of drawings
Examples of errors that are not material errors:
- missing assignment information
- missing section headings
- minor typographical errors
See Changes to Implement Eighteen-Month Publication of Patent
Applications, 65 FR 57023, 57038 (Sept. 20, 2000), 1239 Off.
Gaz. Pat. Office Notices, 75 (Oct. 10, 2000)(final rule).
**Time limitation** The request for a corrected
patent application must be filed within two months from the date
of the patent application publication. Extensions of time are
not permitted.
How to file a request to correct a material error in
a patent application publication:
Requests for correction(s) to a patent application publication
due to a USPTO error must be submitted in writing. A request
for a corrected patent application publication should include:
- a copy of the patent application publication with the errors
clearly marked; and
- reference to the page and line number of the originally
filed application where the information was correctly submitted.
Requests for corrected patent application application publications
can be faxed to 703.305.8568 or mailed to:
Mail Stop PGPub
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
For additional information, contact the PGPub hotline at: 703.605.4283
or email pgpub@USPTO.gov.
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A request for correction to a published patent is initiated by
completion and submission of USPTO form 1050 to the Office of
Certificate of Corrections.
USPTO Form 1050 is accessible via USPTO Internet at: http://www.uspto.gov/web/forms/index.html
Or call 571.272.1000 to request form 1050 to be mailed to you.
Frequently Asked Questions About Corrections
to Published Patents
The weekly listings of Certificates of Correction can be retrieved
at: http://www.uspto.gov/web/patents/pubs/certofcorrect.html
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To request duplicate letters patent - contact
the Office of Petitions at 571.272.3282.
- Check printing status of duplicate letters patent
- after the petition for duplicate letters patent
has been granted - call Krystal Paige at 703.308.9250 ext.
139
To request a presentation copy of a patent
- contact the Office of Public Records at 703.308.9726.
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The owner(s) of a patent may request to have his/her/their patent
listed for sale or license in the OG. The list of patents for sale
or license appears in the OG every 2nd Tuesday of the month.
What is the cost? The cost per
listing is $25.00.
How to list a patent for sale or license:
Send a check or money order in the amount of
$25.00, payable to the Commissioner of Patents and Trademarks.
Commissioner for Patents
Office of Patent Publication
Attn: Patents for License or Sale
P.O. Box 1450
Alexandria, VA 22313-1450
For more information about listing patents for
sale or license in the Official Gazette please contact Lamont
Fletcher at 703.308.9250 ext. 143.
More about the OG...
The OG issues every Tuesday and publishes a list of issued
Patents, Trademarks, Notices, Erratum, Reissues, Reexams, Expired
Patents, Patents Reinstated, Certificates of Correction, etc.
To order U.S. Patent and Trademark Office Notices, contact
the Government Printing Office at 202.512.1800.
Annual subscriptions are $125.00 for U.S. subscribers and $156.25
for Foreign subscribers.
To order eOG:P on CD-ROM, contact the USPTO's Information Products
Division at 571.272.5600 or email IDP@uspto.gov.
To access the eOfficial Gazette please visit: http://www.uspto.gov/web/patents/patog/
Frequently Asked Questions About the
Official Gazette
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Patent grants and soft copies (if requested) are mailed to the
address of USPTO record (as documented by applicant's original
submission of mailing address, subsequent filing of request for
change of address, or request for change of address as noted on
Form 85b).
Patent Grants and soft copies (if requested) should be received
within 3 weeks after the issue date.
To check on the status of patent grants and soft copies not received
within 3 weeks after the issue date contact Niomi Farmer at 703.308.9250
ext. 129.
If it is determined that address is/was correct in USPTO system
at the time patent grant was mailed, submission of a Request for
Duplicate Letters Patent must be made to the Office of Petitions.
The telephone number to the Office of Petitions is 571.272.3282.
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Customers may place standing orders to receive patents as they
issue in selected technology classifications of the U.S. Patent
Classification System. Patents are mailed the day of issue. This
service is available only to holders of USPTO deposit accounts.
Address inquiries to:
Commissioner for Patents
Office of Patent Publication
Attn: Image Assistance Center
P.O. Box 1450
Alexandria, VA 22313-1450
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Questions in regards to Pre-Grant Publication should be forwarded
to the PGPub hotline at: 703.605.4283 or to the PGPub mailbox
at pgpub@uspto.gov.
When referring a call or email to the PGPub Division, in addition
to the applicant's question(s), please include the following information:
- applicant's name
- applicant's telephone number
- applicants email (if possible)
- application serial number
Weekly projections of applications to be published can be accessed
at: http://www.uspto.gov/web/patents/pubs/pgpubapp.html
More about 18-month Publication..
18-month Publication Frequently Asked Questions and Answers
PBG (Patent Business Goals) - Final Rule
Still need more assistance? For legal questions
that cannot be answered from information provided in the 18-month
Publication Frequently Asked Questions and Answers and the PBG
- Final Rule documents please contact a Legal Advisor by calling
571.272.7701 or emailing: PatentPractice@uspto.gov
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Fees, drawings, or other papers filed after allowance, should
be forwarded to:
Mail Stop Issue Fee
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Tip: To expedite processing of CPA or RCE papers, send promptly
after receipt of Notice of Allowance.
If additional information is needed please contact the Image
Assistance Center at 571.272.4200 or 1.888.786.0101, or via email
at PubsCustomerService@uspto.gov.
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To challenge the abandonment of a patent file, proof of timely
fee payment or submission of drawings is required. Requirement
is based upon reason for abandonment. To determine which requirement
is applicable please refer to the Notice of Abandonment received.
Instructions on responding to a Notice of Abandonment.
If additional assistance is needed please contact the Image Assistance
Center at 571.272.4200 or 1.888.786.0101, or via email at PubsCustomerService@uspto.gov.
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For assistance in regards to the status of publication please
contact the Image Assistance Center at 571.272.4200 or 1.888.786.0101,
or via email at PubsCustomerService@uspto.gov.
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To stop the issue process or to reopen prosecution of an allowed
application, contact the Directors' office of the Technology Center
to which the case was assigned.
The listing consisting of patent numbers that do not correspond
to issued patents now may be accessed at the following Internet
web page:
Images of reinstated previously withdrawn patents that were issued
after 1976 can be accessed at the following website:
http://www.uspto.gov/web/patents/pubs/reinstated.html
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