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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