What types of mistakes can be corrected with a Certificate of Correction?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 1481, there are three types of mistakes that can be corrected with a Certificate of Correction:

  • Clerical mistakes
  • Typographical mistakes
  • Mistakes of minor character

The MPEP states: “Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mistake may issue. The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought. The mistake must be: (1) of a clerical nature, (2) of a typographical nature, or (3) a mistake of minor character.”

It’s important to note that these mistakes must not involve changes that would constitute new matter or require reexamination.

Tags: Certificate of Correction, clerical errors, patent mistakes, Typographical errors, USPTO