MPEP § 1411.01 — Certificate of Correction or Disclaimer in Original Patent (Annotated Rules)
§1411.01 Certificate of Correction or Disclaimer in Original Patent
This page consolidates and annotates all enforceable requirements under MPEP § 1411.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Certificate of Correction or Disclaimer in Original Patent
This section addresses Certificate of Correction or Disclaimer in Original Patent. Primary authority: 37 CFR 1.321(a), 37 CFR 1.183, and 37 CFR 1.125(d). Contains: 3 requirements and 2 other statements.
Key Rules
Types of Claim Status in Reissue
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.
Column and Line References
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.
Specification Amendments
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.
Examples of Waivers
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.
Changes Relative to Patent
The applicant should include any changes, additions, or deletions that were made by a certificate of correction to the original patent grant in the reissue application without underlining or bracketing. This includes changes made by a certification of correction dated before the filing of the reissue application or dated during the pendency of the reissue application. The examiner should make certain that all certificate of correction changes in the patent have been properly incorporated into the reissue application.
Reissue Patent Practice
The applicant should include any changes, additions, or deletions that were made by a certificate of correction to the original patent grant in the reissue application without underlining or bracketing. This includes changes made by a certification of correction dated before the filing of the reissue application or dated during the pendency of the reissue application. The examiner should make certain that all certificate of correction changes in the patent have been properly incorporated into the reissue application.
Citations
| Primary topic | Citation |
|---|---|
| Column and Line References Examples of Waivers Specification Amendments Types of Claim Status in Reissue | 37 CFR § 1.125(d) |
| Column and Line References Examples of Waivers Specification Amendments Types of Claim Status in Reissue | 37 CFR § 1.173(a)(1) |
| Column and Line References Examples of Waivers Specification Amendments Types of Claim Status in Reissue | 37 CFR § 1.183 |
| Column and Line References Examples of Waivers Specification Amendments Types of Claim Status in Reissue | 37 CFR § 1.321(a) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1411.01 — Certificate of Correction or Disclaimer in Original Patent
Source: USPTO1411.01 Certificate of Correction or Disclaimer in Original Patent [R-08.2012]
The applicant should include any changes, additions, or deletions that were made by a certificate of correction to the original patent grant in the reissue application without underlining or bracketing. This includes changes made by a certification of correction dated before the filing of the reissue application or dated during the pendency of the reissue application. The examiner should make certain that all certificate of correction changes in the patent have been properly incorporated into the reissue application.
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.