What types of mistakes can be corrected with a Certificate of Correction?

According to MPEP 1481, there are three types of mistakes that can be corrected with a Certificate of Correction:

  • Clerical mistakes
  • Typographical mistakes
  • Mistakes of minor character

The MPEP states: “Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mistake may issue. The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought. The mistake must be: (1) of a clerical nature, (2) of a typographical nature, or (3) a mistake of minor character.”

It’s important to note that these mistakes must not involve changes that would constitute new matter or require reexamination.

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Tags: Certificate of Correction, clerical errors, patent mistakes, Typographical errors, USPTO