MPEP § 1480 — Certificates of Correction — Office Mistake (Annotated Rules)

§1480 Certificates of Correction — Office Mistake

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1480, 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.

Certificates of Correction — Office Mistake

This section addresses Certificates of Correction — Office Mistake. Primary authority: 35 U.S.C. 254, 37 CFR 1.322, and 37 CFR 1.322(a)(2). Contains: 1 prohibition, 4 guidance statements, 7 permissions, and 12 other statements.

Key Rules

Topic

PTAB Jurisdiction

9 rules
StatutoryInformativeAlways
[mpep-1480-33b70cca78fa6421eca41197]
Third Parties Cannot Demand Certificate of Correction
Note:
Third parties are not allowed to request or prevent the Office from issuing a certificate of correction for patent mistakes.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryInformativeAlways
[mpep-1480-0fcb2f85eabf9f42cf325571]
Third Parties Cannot Demand Certificate of Correction
Note:
This rule states that third parties do not have the right to request the Office to issue or refuse a certificate of correction for patents.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryInformativeAlways
[mpep-1480-51aee4f4d7146b1f1cad2278]
Third Parties Cannot Demand Certificate of Correction
Note:
This rule states that third parties cannot request the Office to issue or refuse a certificate of correction for patents.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryPermittedAlways
[mpep-1480-3de8bd7512aa99e969e9d6b0]
Third Parties Can Provide Correction Info
Note:
The Office may accept information from third parties about mistakes in patents, even though they do not have standing to demand a certificate of correction.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryPermittedAlways
[mpep-1480-685bfb2e12f6deca09cdc1e8]
Office May Issue Certificates of Correction Based on Third Party Information
Note:
The Office can issue certificates of correction based on information provided by third parties, even without a specific request.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryPermittedAlways
[mpep-1480-5277af8ff52a39849cecfee6]
Third Parties Can Submit Info About Patent Mistakes But Not Required To Act
Note:
Third parties can submit information about patent mistakes, but the Office is not required to act on this information or respond to requests for certificates of correction.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryInformativeAlways
[mpep-1480-d0487fb84238731d89773c6b]
Office May Issue Certificate of Correction on Own Initiative
Note:
The Office can issue a certificate of correction without a specific request from the patentee, provided it deems it necessary based on third-party information. The Office will notify the patentee and set a response period.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryInformativeAlways
[mpep-1480-8659d728eeb35a3fab716d5b]
Third-Party Information Not Recorded
Note:
The Office will not record or retain third-party information submitted for a certificate of correction, regardless of whether the request is acted upon.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
StatutoryInformativeAlways
[mpep-1480-e7e0dc1ab633ac7eee63c9c8]
Third Parties Cannot Demand Certificate of Correction
Note:
This rule states that third parties cannot demand the Office to issue or refuse a certificate of correction for patent mistakes.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB JurisdictionPTAB Contested Case ProceduresFee Requirements
Topic

Not Grounds for Reissue

6 rules
StatutoryRecommendedAlways
[mpep-1480-eaa22a6b763de7a9794cae4f]
Correct Only Major Errors with Certificate
Note:
A certificate of correction should be used only for significant errors, not minor typographical ones which can be corrected by a letter.

In order to expedite all proper requests, a certificate of correction should be requested only for errors of consequence. Instead of a request for a certificate of correction, letters making errors of record should be utilized whenever possible. Thus, where errors are of a minor typographical nature, or are readily apparent to one skilled in the art, a letter making the error(s) of record can be submitted in lieu of a request for a certificate of correction. There is no fee for the submission of such a letter.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
StatutoryRecommendedAlways
[mpep-1480-589d3bb366db8cfccde514d8]
Letters for Minor Typographical Errors
Note:
Submit letters to correct minor typographical errors instead of requesting a certificate of correction when the error is readily apparent to one skilled in the art.

In order to expedite all proper requests, a certificate of correction should be requested only for errors of consequence. Instead of a request for a certificate of correction, letters making errors of record should be utilized whenever possible. Thus, where errors are of a minor typographical nature, or are readily apparent to one skilled in the art, a letter making the error(s) of record can be submitted in lieu of a request for a certificate of correction. There is no fee for the submission of such a letter.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
StatutoryInformativeAlways
[mpep-1480-6806ad8e558c35b07f8e8b00]
No Fee for Minor Typographical Errors
Note:
Letters correcting minor typographical errors can be submitted without incurring a fee.

In order to expedite all proper requests, a certificate of correction should be requested only for errors of consequence. Instead of a request for a certificate of correction, letters making errors of record should be utilized whenever possible. Thus, where errors are of a minor typographical nature, or are readily apparent to one skilled in the art, a letter making the error(s) of record can be submitted in lieu of a request for a certificate of correction. There is no fee for the submission of such a letter.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
StatutoryInformativeAlways
[mpep-1480-78e051ef7bbf8266090d9aff]
Request for Certificate of Correction Must Use PTO/SB/44
Note:
The request for a certificate of correction must be submitted on the PTO/SB/44 form, identifying the location of the error by column and line number or claim and line number.

It is strongly advised that the text of the correction requested be submitted on a certificate of correction form, PTO/SB/44 (also referred to as PTO-1050). Submission of this form in duplicate is not necessary. The location of the error in the printed patent should be identified on form PTO/SB/44 by column and line number or claim and line number. See MPEP § 1485 for a discussion of the preparation and submission of a request for a certificate of correction.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
StatutoryInformativeAlways
[mpep-1480-f3f305f3ea17b8b613372b55]
Certificate of Correction Not Required in Duplicate
Note:
A certificate of correction form is advised but not necessary to be submitted in duplicate.

It is strongly advised that the text of the correction requested be submitted on a certificate of correction form, PTO/SB/44 (also referred to as PTO-1050). Submission of this form in duplicate is not necessary. The location of the error in the printed patent should be identified on form PTO/SB/44 by column and line number or claim and line number. See MPEP § 1485 for a discussion of the preparation and submission of a request for a certificate of correction.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
StatutoryRecommendedAlways
[mpep-1480-0841d416121616c54a7c1a49]
Location of Error Must Be Identified on PTO/SB/44
Note:
The location of any error in the printed patent must be specified using column and line numbers or claim and line numbers on form PTO/SB/44.

It is strongly advised that the text of the correction requested be submitted on a certificate of correction form, PTO/SB/44 (also referred to as PTO-1050). Submission of this form in duplicate is not necessary. The location of the error in the printed patent should be identified on form PTO/SB/44 by column and line number or claim and line number. See MPEP § 1485 for a discussion of the preparation and submission of a request for a certificate of correction.

Jump to MPEP Source · 37 CFR 1.322Not Grounds for ReissueGrounds for ReissueReissue Patent Practice
Topic

PTAB Contested Case Procedures

6 rules
StatutoryInformativeAlways
[mpep-1480-026082c383175e6421695c8c]
No Fee for Third Party Information Submission
Note:
The Office does not impose a fee when third parties submit information about mistakes in patents.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB Contested Case ProceduresPTAB JurisdictionFee Requirements
StatutoryPermittedAlways
[mpep-1480-1567a840251616c58603ee62]
Office May Issue Certificate Based on Third Party Information
Note:
The Office can issue a certificate of correction based on information provided by third parties without their specific request.

Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction. The Office is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties. 37 CFR 1.322(a)(1)(iii). Where appropriate, the Office may issue certificates of correction based on information supplied by third parties, whether or not such information is accompanied by a specific request for issuance of a certificate of correction. While third parties are permitted to submit information about mistakes in patents which information will be reviewed, the Office need not act on that information nor respond to accompanying request for issuance of a certificate of correction. Accordingly, a fee for submission of the information by a third party has not been imposed. The Office may, however, choose to issue a certificate of correction on its own initiative based on the information supplied by a third party, if it desires to do so. If the Office chooses to issue a certificate of correction on its own initiative, the Office will mail a notice of intent to issue a certificate of correction to the patentee setting a time period to respond. Regardless of whether the third-party request for a certificate of correction and/or information is acted upon, the information will not be made of record in the file that it relates to, and it will not be retained by the Office. 37 CFR 1.322(a)(2)(ii).

Jump to MPEP Source · 37 CFR 1.322(a)(2)PTAB Contested Case ProceduresPTAB JurisdictionFee Requirements
StatutoryPermittedAlways
[mpep-1480-e62fa764fb1548455c591ac1]
Office Will Not Correspond About Third-Party Submissions
Note:
The Office will not communicate with third parties regarding their submitted information about patent mistakes, whether to inform of a certificate of correction or deny such requests.

When such third-party information (about mistakes in patents) is received by the Office, the Office will not correspond with third parties about the information they submitted either (1) to inform the third parties of whether it intends to issue a certificate of correction, or (2) to issue a denial of any request for issuance of a certificate of correction that may accompany the information. The Office will confirm to the party submitting such information that the Office has in fact received the information if a stamped, self-addressed post card has been submitted. See MPEP § 503.

Jump to MPEP Source · 37 CFR 1.322PTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-1480-b1ae4c55af685d1bc4ca0a20]
Office Must Confirm Receipt If Post Card Submitted
Note:
The Office must confirm receipt of third-party information about patent mistakes if a stamped, self-addressed post card is submitted.

When such third-party information (about mistakes in patents) is received by the Office, the Office will not correspond with third parties about the information they submitted either (1) to inform the third parties of whether it intends to issue a certificate of correction, or (2) to issue a denial of any request for issuance of a certificate of correction that may accompany the information. The Office will confirm to the party submitting such information that the Office has in fact received the information if a stamped, self-addressed post card has been submitted. See MPEP § 503.

Jump to MPEP Source · 37 CFR 1.322PTAB Contested Case Procedures
StatutoryRecommendedAlways
[mpep-1480-b5d6381c61776711255f4f68]
Third-Party Request for Certificate of Correction Must Be Clearly Labeled
Note:
A third-party request for a certificate of correction must be labeled as such to facilitate Office processing and cannot be filed through the USPTO patent electronic filing system.

A third-party request should be clearly labeled as a “Third-Party Request for Certificate of Correction” to facilitate Office processing. A third-party request for a certificate of correction must not be filed by the USPTO patent electronic filing system.

Jump to MPEP Source · 37 CFR 1.322PTAB Contested Case Procedures
StatutoryProhibitedAlways
[mpep-1480-979a91696e5f6c888648f2e1]
Third-Party Request for Certificate Not Allowed via Electronic Filing System
Note:
A third-party request for a certificate of correction must not be filed through the USPTO patent electronic filing system.

A third-party request should be clearly labeled as a “Third-Party Request for Certificate of Correction” to facilitate Office processing. A third-party request for a certificate of correction must not be filed by the USPTO patent electronic filing system.

Jump to MPEP Source · 37 CFR 1.322PTAB Contested Case Procedures
Topic

35 U.S.C. 103 – Obviousness

4 rules
StatutoryPermittedAlways
[mpep-1480-0ab91d6419b0cf8a97a708e9]
Office Mistakes Can Be Corrected Through Certificates of Correction
Note:
The Office may issue certificates of correction for mistakes it makes, but has discretion to decline if the mistake is obvious from context.

Mistakes incurred through the fault of the Office may be the subject of certificates of correction under 37 CFR 1.322. The Office, however, has discretion under 35 U.S.C. 254 to decline to issue a certificate of correction even though an Office mistake exists. If Office mistakes are of such a nature that the meaning intended is obvious from the context, the Office may decline to issue a certificate and merely place the correspondence in the patented file, where it serves to call attention to the matter in case any question as to it subsequently arises. Such is the case, even where a correction is requested by the patentee or patentee’s assignee.

StatutoryInformativeAlways
[mpep-1480-f1a3537aecdcf92c5ac9f948]
Office Has Discretion to Decline Certificate of Correction Despite Mistake
Note:
The Office can choose not to issue a certificate of correction even if it made an error, especially when the mistake is obvious from the context.

Mistakes incurred through the fault of the Office may be the subject of certificates of correction under 37 CFR 1.322. The Office, however, has discretion under 35 U.S.C. 254 to decline to issue a certificate of correction even though an Office mistake exists. If Office mistakes are of such a nature that the meaning intended is obvious from the context, the Office may decline to issue a certificate and merely place the correspondence in the patented file, where it serves to call attention to the matter in case any question as to it subsequently arises. Such is the case, even where a correction is requested by the patentee or patentee’s assignee.

StatutoryPermittedAlways
[mpep-1480-56a57c4b3437c0a56cbc6896]
Office Mistakes Not Requiring Correction
Note:
The Office may decline to issue a certificate of correction if the mistake is obvious from context and place it in the patented file for future reference.

Mistakes incurred through the fault of the Office may be the subject of certificates of correction under 37 CFR 1.322. The Office, however, has discretion under 35 U.S.C. 254 to decline to issue a certificate of correction even though an Office mistake exists. If Office mistakes are of such a nature that the meaning intended is obvious from the context, the Office may decline to issue a certificate and merely place the correspondence in the patented file, where it serves to call attention to the matter in case any question as to it subsequently arises. Such is the case, even where a correction is requested by the patentee or patentee’s assignee.

StatutoryInformativeAlways
[mpep-1480-d294e31b0c66ce4a59deb8bb]
Office Mistakes Can Be Ignored If Meaning Is Clear
Note:
The Office may decline to issue a certificate of correction for an office mistake if the intended meaning is clear from the context, even when requested by the patentee or assignee.

Mistakes incurred through the fault of the Office may be the subject of certificates of correction under 37 CFR 1.322. The Office, however, has discretion under 35 U.S.C. 254 to decline to issue a certificate of correction even though an Office mistake exists. If Office mistakes are of such a nature that the meaning intended is obvious from the context, the Office may decline to issue a certificate and merely place the correspondence in the patented file, where it serves to call attention to the matter in case any question as to it subsequently arises. Such is the case, even where a correction is requested by the patentee or patentee’s assignee.

Topic

Original Patent Requirement (Same Invention)

2 rules
StatutoryRequiredAlways
[mpep-1480-1e9e67de392a981ad05bd140]
Director May Issue Certificate Correcting Patent Office Mistakes
Note:
The Director may issue a certificate correcting mistakes made by the Patent and Trademark Office, which is considered part of the original patent.

Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents. A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. The Director may issue a corrected patent without charge in lieu of and with like effect as a certificate of correction.

Jump to MPEP SourceOriginal Patent Requirement (Same Invention)Reissue Claim RequirementsReissue Patent Practice
StatutoryPermittedAlways
[mpep-1480-b4c902000c894b825d734342]
Director May Issue Corrected Patent Without Charge
Note:
The Director can issue a corrected patent without charge to replace a certificate of correction when there is an Office mistake in the original patent.

Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents. A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form. The Director may issue a corrected patent without charge in lieu of and with like effect as a certificate of correction.

Jump to MPEP SourceOriginal Patent Requirement (Same Invention)Reissue Claim RequirementsReissue Patent Practice

Citations

Primary topicCitation
35 U.S.C. 103 – Obviousness35 U.S.C. § 254
35 U.S.C. 103 – Obviousness37 CFR § 1.322
PTAB Contested Case Procedures
PTAB Jurisdiction
37 CFR § 1.322(a)(1)(iii)
PTAB Contested Case Procedures
PTAB Jurisdiction
37 CFR § 1.322(a)(2)
PTAB Contested Case Procedures
PTAB Jurisdiction
37 CFR § 1.322(a)(2)(ii)
Not Grounds for ReissueMPEP § 1485
PTAB Contested Case ProceduresMPEP § 503

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.

BlueIron Last Updated: 2025-12-31