Can I request a Certificate of Correction if my patent is involved in an interference or trial?

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.

If your patent is involved in an interference or a trial before the Patent Trial and Appeal Board (PTAB), there are specific requirements for requesting a Certificate of Correction. The MPEP states:

“If the patent is involved in an interference or a trial before the Patent Trial and Appeal Board, a certificate of correction under 37 CFR 1.323 or 37 CFR 1.324 will not be issued unless a corresponding motion under 37 CFR 41.121(a)(2), 41.121(a)(3), 42.20 or 42.22 has been granted by the administrative patent judge.“

This means that you must first file and have granted a corresponding motion with the administrative patent judge before a Certificate of Correction can be issued in these circumstances.