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MPEP E8R2 - Chapter 1400 Correction of Patents - uspto

MPEP E8R2 - Chapter 1400 Correction of Patents - uspto-2025

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Chapter 1400 of the Manual of Patent Examining Procedure discusses the correction of patents through reissue applications. It outlines the procedures, requirements, and grounds for filing a reissue application to correct errors in an original patent. The chapter details the necessary content of reissue applications, including oaths or declarations, specifications, claims, and drawings. It also addresses issues related to diligence in filing, public access to reissue applications, and the effects of reissue on patent terms. Additionally, it covers handling requests for certificates of correction and disclaimers. The chapter emphasizes that reissue applications are examined similarly to original applications and must comply with specific regulations.

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What is the rule 312 for MPEP?

Amendment Amendment after Notice of Allowance (Rule 312) When applicant files an amendment after the Notice of Allowance has been mailed but before the issue fee is paid, the amendment is not entered automatically. It may only be entered upon recommendation of a Primary Examiner.

What is the purpose of amending a claim in a patent specification?

Section 58 of the Act states that amendments may be made where the validity of a patent is challenged in a legal suit before a court of law. So, for example, if a court decides that a patent is invalid, it may permit the specification to be amended instead of having the patent revoked outright.

How to correct a patent?

A patent may be corrected or amended in eight ways, namely by: (1) reissue, (2) the issuance of a certificate of correction which becomes a part of the patent, (3) disclaimer, (4) reexamination, (5) supplemental examination, (6) inter partes review, (7) post grant review, and (8) covered business method review.

Can you amend a pending patent?

While you generally cannot change the description in an existing patent application, you can file a certain continuing application to add new matter or make changes. Such an application is called a continuation-in-part, or simply CIP.

Is there a time limit for patent certificate of correction?

There is no specific time limit for requesting a Certificate of Correction for a patent. As long as the patent is still in force, you can request a correction. However, its generally advisable to request corrections as soon as possible after discovering an error to ensure the accuracy of the patent record.

Can you make changes to a patent?

Unfortunately, under United States patent law you can not amend the patent to include the new subject matter reflecting the improvement you made to the invention. You will have to file a new patent application for the improvement to the invention instead of filing an amendment to the patent.

Can you amend claims after you have submitted your patent to the patent Office?

All amendments must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing the request for reexamination. (j) No of claim scope. No amendment may enlarge the scope of the claims of the patent or introduce new matter.

Can you refile a patent application?

You can refile a U.S. provisional patent application but it is not recommended because of the loss of your priority date for the first provisional application and the potential loss of some (or all) of your patent rights.

MPEP E8R2 - Chapter 1400 Correction of Patents - uspto-2025

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MPEP E8R2 - Chapter 1400 Correction of Patents - uspto-2025

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Got questions?

What is the rule 312 for MPEP?

What is the purpose of amending a claim in a patent specification?

How to correct a patent?

Can you amend a pending patent?

Is there a time limit for patent certificate of correction?

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Can you make changes to a patent?

Can you amend claims after you have submitted your patent to the patent Office?

Can you refile a patent application?

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