What is the difference between correcting a patent with a Certificate of Correction and a reissue application?

The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481:

Certificate of Correction:

  • Used for clerical or typographical errors, or mistakes of minor character
  • Cannot involve changes that would constitute new matter or require reexamination
  • Cannot be used to broaden the scope of claims
  • Relatively simple and quick process

Reissue Application:

  • Used for more substantial errors or changes
  • Can be used to correct errors in the specification, drawings, or claims
  • Can be used to broaden or narrow the scope of claims (within certain time limits)
  • More complex process, essentially re-examining the patent

The MPEP states: “Mistakes in a patent which are not correctable by certificate of correction may be correctable via filing a reissue application (see MPEP § 1401 – § 1460).”

It’s important to note that “Usually, any mistake affecting claim scope must be corrected by reissue.” If you’re unsure which process is appropriate for your situation, it’s advisable to consult with a patent attorney.

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Tags: Certificate of Correction, Patent correction, reissue application, USPTO procedures