As has often been the case with some of my articles in the past, I like to introduce little practice tips as something interesting happens in my day to day life of prosecuting patent applications here at Widerman & Malek. I recently received a call from an Examiner on a case that was already allowed. This was a great case because I was dealing with an Examiner that really tried to take every possible step to help find allowable subject matter and place the application in condition for allowance. It was not like some of the examinations of the past where I was up against an Examiner that was in a rush to issue a Final Office Action.
If the issue fee had already been paid, there is another mechanism to correct a patent. This is found in Section 1400 of the MPEP. The only downfall of this section is that the correction is not actually made to the patent itself. Instead, a certificate of correction is attached to the patent indicating the correction that has been made. I will write more about certificates of correction in a later post. In the meantime, I just wanted you have some information regarding another practice that that I came across this past week.
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