What is the difference between correcting a patent with a Certificate of Correction and a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Mistake Affecting Claim Scope Must Be Corrected by Reissue MPEP 1481 Required Correction Must Not Add New Matter or Require Reexamination MPEP 1481 Prohibited Correction Must Not Add New Matter or Require Reexamination MPEP 1481 Certificate of Correction Mistakes Must Be Minor MPEP 1481 Required Mistakes Correctable via Reissue Application MPEP 1481 Permitted Requirements for Certificate of Correction of Applicant’s Mistake MPEP 1481 Required Failure to Present Claim Is Not Correctable by Certificate of Correction MPEP 1481 Criteria for Certi...