What is a petition to issue a corrected patent?
A petition to issue a corrected patent is a formal request to the USPTO to correct errors in an issued patent. According to MPEP 1002.02(l), these petitions are decided by the Certificates of Correction Branch under 37 CFR 1.322(b).
This process is used when:
- There’s a mistake in the patent that was not the fault of the USPTO
- The mistake is of a clerical or typographical nature, or of minor character
- The correction does not involve changes that would constitute new matter or require reexamination
To file a petition, patent owners typically need to:
- Complete the appropriate form (usually Form PTO/SB/44)
- Clearly identify the error and proposed correction
- Pay the required fee
- Submit the petition to the USPTO
It’s important to note that not all errors can be corrected through this process, and some may require reissue proceedings.
To learn more: