37 CFR § 1.322 — Certificate of correction of Office (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.322 Certificate of correction of Office
This page consolidates MPEP guidance interpreting 37 CFR § 1.322, including 44 rules 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.
Summary
This section provides detailed guidance on certificate of correction requests under 37 CFR 1.322, including the procedures and requirements for petitions submitted by Supervisory Patent Examiners to correct errors in patents.
What this section covers
- Defines the scope of certificate of correction requests under 37 CFR 1.322 and includes petitions and matters decided by Supervisory Patent Examiners.
- Focuses on the core topic of certificate of correction procedures, specifically under 37 CFR 1.322.
Key obligations
- Submit a petition for certificate of correction under 37 CFR 1.322.
- Ensure the error is not clearly minor, clerical, or typographical.
- Follow the specific procedures outlined in 37 CFR for compliance.
Practice notes
- Include any necessary disclaimers and certificates of correction with reissue applications.
- Ensure all required elements are present in the petition for certificate of correction to avoid common pitfalls.
Official MPEP § 1.322 — Certificate of correction of Office
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.322 Certificate of correction of Office mistake.
- (a)
- (1) The Director may issue a certificate of
correction pursuant to
35 U.S.C.
254
to correct a mistake in a patent,
incurred through the fault of the Office, which mistake is
clearly disclosed in the records of the Office:
- (i) At the request of the patentee or the patentee’s assignee;
- (ii) Acting sua sponte for mistakes that the Office discovers; or
- (iii) Acting on information about a mistake supplied by a third party.
- (2)
- (i) There is no obligation on the Office to act on or respond to a submission of information or request to issue a certificate of correction by a third party under paragraph (a)(1)(iii) of this section.
- (ii) Papers submitted by a third party under this section will not be made of record in the file that they relate to nor be retained by the Office.
- (3) If the request relates to a patent involved in an interference or trial before the Patent Trial and Appeal Board, the request must comply with the requirements of this section and be accompanied by a motion under § 41.121(a)(2) , § 41.121(a)(3) , or § 42.20 of this title.
- (4) The Office will not issue a certificate of correction under this section without first notifying the patentee (including any assignee of record) at the correspondence address of record as specified in § 1.33(a) and affording the patentee or an assignee an opportunity to be heard.
- (1) The Director may issue a certificate of
correction pursuant to
35 U.S.C.
254
to correct a mistake in a patent,
incurred through the fault of the Office, which mistake is
clearly disclosed in the records of the Office:
- (b) If the nature of the mistake on the part of the Office is such that a certificate of correction is deemed inappropriate in form, the Director may issue a corrected patent in lieu thereof as a more appropriate form for certificate of correction, without expense to the patentee.
[24 FR 10332, Dec. 22, 1959; 34 FR 5550, Mar. 22, 1969; para. (a), 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; para. (a) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; paras. (a)(1) & (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (a)(3) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a)(3) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
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- Petition Procedures
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- Ex Parte Reexamination
- Reexamination Conclusion
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- Reissue
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- Amendment Specification
- Reissue Application
- Reissue Concurrent Proceedings
- Reissue Grounds
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