37 CFR 102.27: Procedures for making requests for correction or amendment

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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102.27    Procedures for making requests for correction or amendment.

  • (a) Any individual, regardless of age, who is a citizen of the United States or an alien lawfully admitted for permanent residence into the United States may submit a request for correction or amendment to USPTO. The request should be made either in person or by mail addressed to the Privacy Officer who processed the individual’s request for access to the record, and to whom is delegated authority to make initial determinations on requests for correction or amendment. The office of the Privacy Officer is open to the public between the hours of 9 a.m. and 4 p.m., Monday through Friday (excluding legal public holidays).
  • (b) Requests submitted by mail should include the words "PRIVACY ACT REQUEST" in capital letters at the top of the letter and on the face of the envelope. Any request which is not addressed as specified in paragraph (a) of this section or which is not marked as specified in this paragraph will be so addressed and marked by USPTO personnel and forwarded immediately to the Privacy Officer. A request which is not properly addressed by the individual will not be deemed to have been "received" for purposes of measuring the time period for response until actual receipt by the Privacy Officer. In each instance when a request so forwarded is received, the Privacy Officer shall notify the individual that his or her request was improperly addressed and the date the request was received at the proper address.
  • (c) Since the request, in all cases, will follow a request for access under § 102.25, the individual’s identity will be established by his or her signature on the request and use of the USPTO control number assigned to the request.
  • (d) A request for correction or amendment should include the following:
    • (1) Specific identification of the record sought to be corrected or amended (for example, description, title, date, paragraph, sentence, line and words);
    • (2) The specific wording to be deleted, if any;
    • (3) The specific wording to be inserted or added, if any, and the exact place at which to be inserted or added; and
    • (4) A statement of the basis for the requested correction or amendment, with all available supporting documents and materials which substantiate the statement. The statement should identify the criterion of the Act being invoked, that is, whether the information in the record is unnecessary, inaccurate, irrelevant, untimely or incomplete.
[Added, 65 FR 52916, Aug. 31, 2000, effective Oct. 2, 2000]