What is the process for requesting a Certificate of Correction for applicant’s mistake?

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.

The process for requesting a Certificate of Correction for applicant’s mistake involves several steps:

  1. Prepare a request: Draft a detailed request explaining the error and the proposed correction.
  2. Submit the request: File the request with the USPTO, as outlined in MPEP 1481.
  3. Pay the fee: Include the required fee as specified in 37 CFR 1.20(a).
  4. Provide supporting documentation: Include any necessary evidence or documentation to support the request.
  5. Wait for USPTO review: The USPTO will review the request and determine if it meets the criteria for a Certificate of Correction.

The MPEP 1481 states: “A request for a certificate of correction should be addressed to: Commissioner of Patents and Trademarks, Washington, DC 20231, ATTN: Certificate of Correction Branch.”

It’s important to ensure that the request clearly demonstrates that the error meets the criteria for correction, namely that it is ‘of a clerical or typographical nature, or of minor character’ and does not involve substantive changes to the patent.

Tags: applicant's mistake, Certificate of Correction, Patent correction, Uspto Process