[Patentpractice] Priority Application - typo in ADS

[Valensa, Jeroen]

I had a situation similar to this come up within the past year – the application was a continuation of another application, which claimed priority to a provisional.  In the CON, the ADS had a typo in the provisional number (62/xxx,xxx where it should have been 63/xxx,xxx).  The ADS in the parent was correct.  When we caught the error during prosecution, we simply submitted an amended ADS striking through the incorrect prov. number and adding in the correct one.  Had no problems.

Jeroen Valensa
Assistant General Counsel – Intellectual Property
[cid:image001.jpg at 01DC4441.E4C6D070]<https://www.aosmith.com/>
11270 W Park Place
Milwaukee, WI 53224
email: jevalensa at aosmith.com<mailto:jevalensa at aosmith.com>


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Subject: [Patentpractice] Priority Application - typo in ADS


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Hi

Has anyone encountered an issue along these lines ...

Typographical error (transposition of numbers) in a foreign priority document listed on an ADS; the priority claim in spec is correct (thereby confirming applicant's intention).

Application was filed more than 2 years ago but is before allowance.

If you have, have you had the priority corrected or clarified without filing a Petition to accept a delayed priority claim?  For example, have you filed a miscellaneous petition to the Director under 37 CFR 1.181 explaining the situation and had it successfully remedied?  Basically - have you done this without throwing thousands of dollars at the Office to fix it?


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