{Read in 1:15 minutes} You realize you made a mistake when you filed a patent application. What recourse do you have? It depends on the type of error made. Was it a typographical error in the application number or the wrong priority dates?

An error in the initial filing documents can be corrected  by submitting a “corrected application data sheet” along with (or without) submitting a “request for corrected filing receipt.” This is the case when the filing receipt does not reflect the correct type of priority or the type of application filed.

The method of correction will depend on whether the application was submitted before or after passage of the America Invents Act. Again, regardless of the time of the application, mistakes in the initial filing documents can only be fixed by filing a “corrected application data sheet.”

To avoid this hassle, it is important to review your application carefully before submission:

• Check the filing receipt promptly to ensure that the domestic and/or foreign priority has been accurately captured.
• Check that the inventorship is accurate.

If any information provided in the application data sheet is not correctly captured by the United States Patent & Trademark Office (USPTO), then you have to file a request for a corrected filing receipt. If a review of the filing receipt and the application data sheet renders errors, then you will have to file a request to correct both the filing receipt and the application data sheet.

It takes extra scrutiny and effort to thoroughly review all of the documents before submission to the USPTO, but it will save you time and energy in the long run. Please contact me at silvia@salvadorilaw.com with questions or comments.

Silvia Salvadori, PhD
www.salvadorilaw.com
www.salvadorilaw.com/blog
silvia@salvadorilaw.com
(212) 897-1938