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Can you change your patent application?

On Behalf of | Aug 8, 2022 | Patent Law

After filing an application for your patent, you will unfortunately find that you cannot make changes freely. You will run into numerous limitations.

To that end, it is important to try filling out a patent as thoroughly and accurately as possible before submitting it. But what happens if you miss something or need to change something?

Sections that can and cannot change

The United States Patent and Trademark Office discusses matters like converting patent applications and other changes to patents. First, looking at amendments to descriptions and claims, it is important to note that you cannot add to a description in a patent application after its submission. You also cannot change what you already wrote.

Claims serve as the legal description of the invention. You can potentially change this section, but there are also limitations here. You cannot add more information if the description itself does not contain it, for example.

Potential alterations in ownership

If your patent faces a change in ownership, you may think that this is a good time to revise or change the application. However, prior mentioned rules still apply. In terms of ownership itself, though, it is possible to transfer ownership at any time during this process. This includes before, during or after filing the application. Ownership can even change after you acquire the patent.

Working with patents is often stressful and intimidating for many people. However, it is not as difficult as many believe. Following instructions carefully and paying close attention to information you put into an application can potentially save time and trouble in the future.