MPEP § 1130 — MPEP § 1130
Current through: 2022-07-01

1130-Republication and Correction of Patent Application Publications 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1100 

 Section 1130 
 

 
 
 
 
 
 1130 Republication and Correction of Patent Application
 Publications [R-01.2024]
 

 
 37 CFR 1.221 Voluntary publication or republication of patent application
 publication 

 
 (a) Any request for publication of an application filed before, but
 pending on, November 29, 2000, and any request for republication of an application
 previously published under § 1.211 , must include a copy
 of the application in compliance with the USPTO patent electronic filing system
 requirements and be accompanied by the publication fee set forth in
 §
 1.18(d) and the processing fee set forth in
 § 1.17(i) . If the request does not comply with the
 requirements of this paragraph or the copy of the application does not comply with
 the USPTO patent electronic filing system requirements, the Office will not
 publish the application and will refund the publication fee. 
 

 (b) The Office will grant a request for a corrected or revised patent
 application publication other than as provided in paragraph (a) of this section
 only when the Office makes a material mistake which is apparent from Office
 records. Any request for a corrected or revised patent application publication
 other than as provided in paragraph (a) of this section must be filed within two
 months from the date of the patent application publication. This period is not
 extendable.
 

 
 
 I. REQUEST FOR REPUBLICATION If an applicant wishes to correct errors in a patent application
 publication, or republish the application with an amended specification (including amended
 claims) and/or replacement drawings, applicant may file a request for republication
 pursuant to 37 CFR
 1.221(a) . The request for republication must include:
 

 
 (A) a copy of the application in compliance with the USPTO patent
 electronic filing system requirements, e.g., set forth in the Legal Framework for
 Patent Electronic System (for more information on the USPTO patent electronic filing
 system see MPEP §
 1730 and the USPTO website, www.uspto.gov ); 
 

 (B) the publication fee set forth in 37 CFR 1.18(d) ; and 
 

 (C) the processing fee set forth in 37 CFR
 1.17(i) . 
 

 
 If the applicant submits a request that does not meet the USPTO patent
 electronic filing system requirements, the request will be dismissed. If the fees are not
 paid, the USPTO will send the applicant a letter requiring the fees and republication of
 the application will be delayed. While there is no set time limit for requesting
 republication, the application must still be pending.
 

 If the application is recognized by the Office as abandoned,
 or has issued as a patent, the application may be removed from the publication process and
 not republished, even if the Office accepted the request. 
 

 II. REQUEST FOR CORRECTED PUBLICATION - MATERIAL MISTAKE MADE BY THE OFFICE If the Office made a material mistake in a patent application
 publication that is apparent from the Office records and applicant wishes to correct the
 material mistake, applicant may file a request for corrected publication pursuant to
 37 CFR
 1.221(b) . Prior to submitting a request for a corrected
 publication under 37
 CFR 1.221(b) , applicant must check applicant’s records (or the
 USPTO patent electronic filing system) to determine that the application papers
 submitted to the Office did not contain the alleged material error made by the Office.
 If applicant submitted a specification that includes illegible text, the Office will not
 grant a request for corrected publication under 37 CFR 1.221(b) based on errors
 arising from misinterpretation of such text. 
 

 The request for a corrected publication under 37 CFR 1.221(b) 
 must:
 

 
 (A) be filed within two months from the date of the patent
 application publication; and
 

 (B) identify the Office’s material mistake in the publication. 

 
 The two-month time period is not extendable. A
 request for corrected publication should include a listing of the alleged material
 errors made by the Office, marked up copies of the relevant pages of the publication and
 an indication of where in the specification as filed the relevant text appears. If the
 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) . 
 

 A. Material Mistake The Office will grant a request for a corrected publication under
 37 CFR
 1.221(b) only when the Office makes a material mistake which is
 apparent from Office records. A material mistake means a mistake that affects the
 public’s ability to appreciate the technical disclosure of the patent application
 publication or determine the scope of the provisional rights that an applicant may
 seek to enforce upon issuance of a patent. An error in the claims, the filing date of
 the application, or a serious error in the written description or drawings that is
 necessary to support the claims may be a material error. The following are examples
 of material mistake:
 

 
 (A) The publication did not include claims that were included in
 the originally-filed specification and not canceled by a preliminary
 amendment.
 

 (B) The publication did not include a part of the specification
 that provides support for the published claims.
 

 (C) The publication did not include any of the drawings originally
 filed.
 

 (D) For applications filed on or after September 16, 2012, the
 publication did not include the benefit claim to a prior-filed nonprovisional
 application where the specific reference was timely submitted in an application
 data sheet (ADS). For applications filed before September 16, 2012, the
 publication did not include the benefit claim to a prior-filed nonprovisional
 application where the specific reference was timely submitted in the first
 sentences of the specification or ADS. 
 

 B. Non-Material Mistake Applicants should not file requests for corrected publication that
 include no material error made by the Office. Errors in the correspondence address,
 the assignment information or missing assignment information, minor typographical
 errors or missing section headings are not material mistakes. A failure to use a
 figure suggested by the applicant for the first page of the publication or to include
 an amendment is not an Office error. See MPEP § 1121 . For example, applicants
 should not file a request for a corrected publication under
 37 CFR
 1.221(b) for the following situations:
 

 
 (A) The publication did not include assignment information.

 (B) The publication shows the wrong assignee or the name of the
 assignee is misspelled.
 

 (C) The publication did not include a benefit or priority claim to
 a prior application. For example, where either the claim was not timely filed
 or the reference to the prior application under 37 CFR
 1.78 was not properly submitted in an application data
 sheet (ADS) (for applications filed on or after September 16, 2012) or the
 reference to the prior application under 37 CFR
 1.78 was not properly submitted in the first sentences of
 the specification or in an application data sheet (ADS) (for applications filed
 before September 16, 2012). See MPEP §§
 211 et seq. 

 (D) The publication did not include claims or changes submitted in
 an amendment.
 

 (E) The publication includes typographical errors that do not
 affect the interpretation of the published claims.
 

 (F) The first page of the publication includes a
 figure other than the figure suggested by the applicant.
 

 
 A request for corrected publication under 37 CFR 1.221(b) 
 may result in a patent term adjustment reduction where the Office made only
 non-material errors (especially those listed above).
 

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 1101-Request for Statutory Invention Registration (SIR) 

 1102-1110-[Reserved] 

 1111-SIR Publication and Effect 

 1112-1119-[Reserved] 

 1120-Eighteen-Month Publication of Patent Applications 

 1121-Content of a Patent Application Publication 

 1122-Requests for Nonpublication 

 1123-Rescission of a Nonpublication Request 

 1124-Notice of Foreign Filing 

 1125-Express Abandonment to Avoid Publication 

 1126-Publication Fees 

 1127-Notice of Publication 

 1128-Availability of Published Applications 

 1129-Request for Early Publication 

 1130-Republication and Correction of Patent Application Publications 

 1131-[Reserved] 

 1132-Requests for Redacted Publication 

 1133-Voluntary Publication 

 1134-Third Party Inquiries and Correspondence in a Published Application 
 1134.01-Third Party Submissions Under 37 CFR 1.290 

 
 

 1135-PGPub Forms 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:24