What is the time limit for requesting a Certificate of Correction for a patent?
There is no specific time limit for requesting a Certificate of Correction for a patent. As long as the patent is still in force, you can request a correction. However, it’s generally advisable to request corrections as soon as possible after discovering an error to ensure the accuracy of the patent record.
The MPEP 1481 does not specify a time limit, but states:
“A patentee may request a certificate of correction of a patent by submitting Form PTO/SB/44 (for utility patents) or Form PTO/SB/43 (for design patents).”
While there’s no time limit, it’s important to remember that the longer you wait, the more likely it is that third parties may have relied on the uncorrected patent information, which could potentially complicate matters in some cases.
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