T.M.E.P. § 1106.04
Correction of Errors in Notice of Allowance
Executive summary:
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1106.04 Correction of Errors in Notice of Allowance
When the applicant receives a notice of allowance, the applicant should check the accuracy of the information. If there are any errors in the notice of allowance, the applicant should notify the ITU/Divisional Unit of the Office immediately, preferably by fax or telephone.
Correction of Office Error
If an error in the notice of allowance was the result of an Office error (e.g., entering data incorrectly or failing to enter a timely filed amendment), the Office will determine whether the change requires republication. If necessary, the ITU Unit will refer the application to the examining attorney to approve the change and determine whether republication is required.
If the change can be made without republication, the ITU Unit will make the correction. The Office will not issue a new notice of allowance or extend the time for filing a statement of use.
If republication is required, and no action by the examining attorney that requires a response is necessary, the ITU Unit will make the correction, cancel the notice of allowance, and refund any fees paid for filing a statement of use or request(s) for extension of time to file a statement of use. The application will then be scheduled for republication. If the application is not opposed or survives all oppositions filed, the Office will issue a new notice of allowance.
If the examining attorney must issue an Office action that requires a response as a result of the requested correction, the ITU Unit will cancel the notice of allowance, refund any fees paid for filing a statement of use or request(s) for extension of time to file a statement of use, and send the file to the examining attorney for further action.
Correction of Applicant's Error
If an error in the notice of allowance is the result of an applicant's error (e.g., providing incorrect information in the application or in an amendment to the application), the applicant must file a written amendment, which will be processed like any other amendment filed after issuance of the notice of allowance and before filing of the statement of use. See TMEP §1107.