What is the process for requesting a Certificate of Correction for applicant’s mistake?

The process for requesting a Certificate of Correction for applicant’s mistake involves several steps:

1. Prepare a request: Draft a detailed request explaining the error and the proposed correction.
2. Submit the request: File the request with the USPTO, as outlined in MPEP 1481.
3. Pay the fee: Include the required fee as specified in 37 CFR 1.20(a).
4. Provide supporting documentation: Include any necessary evidence or documentation to support the request.
5. Wait for USPTO review: The USPTO will review the request and determine if it meets the criteria for a Certificate of Correction.

The MPEP 1481 states: “A request for a certificate of correction should be addressed to: Commissioner of Patents and Trademarks, Washington, DC 20231, ATTN: Certificate of Correction Branch.”

It’s important to ensure that the request clearly demonstrates that the error meets the criteria for correction, namely that it is ‘of a clerical or typographical nature, or of minor character’ and does not involve substantive changes to the patent.

To learn more:

• Certificate of Correction
• Applicant’s Mistake
• USPTO Process
• Patent Correction