Can a Certificate of Correction be used to broaden the scope of a patent claim?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, a Certificate of Correction cannot be used to broaden the scope of a patent claim. The MPEP 1481 clearly states that mistakes that would materially affect the scope or meaning of the patent are not considered “minor” and thus cannot be corrected via a Certificate of Correction. The MPEP cites the Federal Circuit case Superior Fireplace Co. v. The Majestic Products Co. , which states: “A mistake that, if corrected, would broaden the scope of a claim must thus be viewed as highly important and thus cannot be a mistake of ‘minor character.’ Accordingly, based on the plain meaning of the statutory language, we interpret ‘a mistake of . . . minor character’ to exclude mistakes that broaden a claim.” If an applicant wishes to broaden the scope of a claim, they may need to consider filing a reissue application instead. The MPEP notes: “The filing of a reissue application may, in some instances, be appropriate to add a broadened claim to a patent.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Mistake of Minor Character Excludes Claim Broadening MPEP 1481 Certificate of Correction Mistakes Must Be Minor MPEP 1481 Required Mistake Affecting Claim Scope Must Be Corrected by Reissue MPEP 1481 Required Requirements for Certificate of Correction of Applicant’s Mistake MPEP 1481 Required Criteria for Certificate of Correction Under 35 U.S.C. 255 MPEP 1481 Mistakes Broadening Claims Cannot Be Minor MPEP 1481 Prohibited Mistakes Correctable via Reissue Application MPEP 1481 Permitted Patentee Can Request Certificate of Correction MPEP 1481 Permitted Reissue Application for Broadened Claims Allowed MPEP 1481 Permitted Claims Cannot Be Broadered via Correction MPEP 1481 Oth...