[Patentpractice] Modifying PTO forms - must I remove the OMB notice

Wed Mar 12 15:51:25 UTC 2025

My understanding from a CLE w on OED person long ago is YES, must remove the info even if you make a form that looks exactly lie the USPTO form.

That is, you must remove the portion at the top, e.g.
[cid:image001.png at 01DB9345.14032AE0]

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From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Jeffrey Semprebon via Patentpractice
Sent: Wednesday, March 12, 2025 11:46 AM
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Jeffrey Semprebon <jesemprebon at gmail.com>
Subject: Re: [Patentpractice] Modifying PTO forms - must I remove the OMB notice

Not that it answers your question on the OMB number, but in this case I'd be tempted to leave both boxes unchecked and just list the copy of the published application under "other items or information" in the box for item #20.

-Jeff

Jeffrey E. Semprebon
Registered Patent Agent (mechanical) looking for remote work
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Claremont, New Hampshire 03743

On Wed, Mar 12, 2025 at 11:36 AM Patent Lawyer via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>> wrote:
If I modify a PTO form, must I remove the OMB approval notice?

Why am I modifying a form? Short answer: because it is crap!

I am filing a national phase entry.  Even though the application was published, I like to provide a copy of the published internatinal applicaiton with the filing.

The old form PTO-1390 [PTO-1390 (12-22) Approved for use through 11/30/2025. OMB 0651-0021] had this option:

[cid:image002.png at 01DB9345.14032AE0]

The current form PTO-1390 [PTO-1390 (01-25) Approved for use through 11/30/2025 OMB 0651-0021] has the following:

[cid:image003.png at 01DB9345.14032AE0]

I cannot select option "a" because the application is attached.  And I cannot select option "b" because it is not true.

So I will modify the form (by editing the PDF).  Or maybe use the old one.

So, back to my question: if I modify the current form, must I remove the OMB approval notice?

Another question (maybe for DB only): these forms have the same OMB number.  Can the PTO do that even though the forms are different?

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