What are the limitations on requests for Certificates of Correction?

While the Certificates of Correction Branch handles many requests for patent corrections, there are limitations on what can be corrected through this process. According to MPEP 1002.02(l), certain denials require consideration by higher authorities:

“Requests for Certificates of Correction under 37 CFR 1.322 or 1.323 except for denials on grounds requiring consideration by the Chief Administrative Patent Judge or the supervisory patent examiners otherwise provided for, MPEP §§ 1480, 1481 and 1485.”

This means that:

  • Some corrections may be too substantial for the Certificate of Correction process
  • Certain denials may need to be reviewed by the Chief Administrative Patent Judge
  • Some corrections may require consideration by supervisory patent examiners

For detailed information on these limitations and exceptions, refer to MPEP § 1480, § 1481, and § 1485. It’s important to consult these sections or seek legal advice to determine if your specific correction request falls within the scope of what can be handled by the Certificates of Correction Branch.

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Tags: certificates of correction, patent correction limitations, Patent Error, USPTO procedures