719.02   Data Entered on File Wrapper [R-2]

It is sometimes necessary to make corrections to the data on the file wrapper label or, for 09/series applications, the PALM bib-data sheet placed in the file wrapper.

If the examiner notices an error in any of the data originally entered on the file wrapper or on the PALM bib-data sheet, he or she should:

- for 08/ or earlier series applications: make the correction in red ink on the file wrapper and forward the application to the TC technical support staff for correction of the PALM database;

- for 09/series applications: make the correction in red ink on the PALM bib-data sheet and forward the application to the TC technical support staff for correction of the PALM database and printing of a new PALM bib-data sheet for placement in the file wrapper;

- for 10/ and above series applications: make the correction in red ink on the file wrapper and forward the application to the TC technical support staff for correction of the PALM database and printing of a new adhesive file wrapper label to be placed on the file wrapper.

Instances where correction is necessary include:

    • (A) Correction of inventorship such as changes in the order of the names or a change in the name of an inventor, granted by petition, and additions or deletions of inventors under 37 CFR 1.48. See MPEP § 605.04(g).
    • (B) Correction of the filing date.
    • (C) Correction concerning prior U.S. applications which have application number errors. See MPEP § 202.02.
    • (D) Correction of a claim for benefit under 35 U.S.C. 120, 121, or 365 (c). See MPEP § 201.11 and § 1302.09.

If an error is noticed in the name or address of the assignee, it should be corrected by the Assignment Division.

See also MPEP § 707.10 and § 719.01.

For Image File Wrapper (IFW) processing, see IFW Manual sections 3.3 and 3.7.

719.02(b)   Name or Residence of Inventor or Title Changed [R-2]

The distinction between "residence" and mailing address should not be lost sight of. See MPEP § 605.02 and § 605.03.

MPEP § 605.04(c) explains the procedure to be followed when applicant changes name.

Unless specifically requested by applicant, the residence will not be changed on the file. For example, if a new oath gives a different residence from the original, the file will not be changed.

For a patent application publication to be published with a new residence, the information must be entered into the Office electronic records at least nine weeks before the publication date of the application. For a patent to issue with the new residence, applicants are strongly encouraged to file an Application Data Sheet (37 CFR 1.76 ) showing the new residence information. Patents are printed from the documents in the application file and the data shown in the Office electronic records, other than the images of the papers in the file, are not necessarily relied upon.