MPEP § 1480.01 — Expedited Issuance of Certificates of Correction – Error Attributable to Office (Annotated Rules)
§1480.01 Expedited Issuance of Certificates of Correction – Error Attributable to Office
This page consolidates and annotates all enforceable requirements under MPEP § 1480.01, 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.
Expedited Issuance of Certificates of Correction – Error Attributable to Office
This section addresses Expedited Issuance of Certificates of Correction – Error Attributable to Office. Primary authority: 37 CFR 1.322. Contains: 2 requirements, 1 prohibition, 4 guidance statements, 2 permissions, and 1 other statement.
Key Rules
Not Grounds for Reissue
In an effort to reduce the overall time required in processing and granting certificate of correction requests, the Office will expedite processing and granting of patentee requests where such requests are accompanied by evidence to show that the error is attributable solely to the Office (i.e., requests filed pursuant to 37 CFR 1.322 only).
The text of the correction requested should 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 also MPEP § 1485.
The text of the correction requested should 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 also MPEP § 1485.
Where the correction requested was incurred through the fault of the Office, and the matter is clearly disclosed in the records of the Office, and is accompanied by documentation that unequivocally supports the patentee’s assertion(s), a certificate of correction will be expeditiously issued. Such supporting documentation can consist of relevant photocopied receipts, manuscript pages, correspondence dated and received by the Office, photocopies of Examiners’ responses regarding entry of amendments, or any other validation that supports the patentee’s request so that the request can be processed without the patent file.
A request for expedited issuance of a certificate of correction filed via the USPTO patent electronic filing system should use the document description: Request for Certificate of Correction.
As in the case of a request for a certificate of correction, a Request for Expedited Issuance of Certificate of Correction should be addressed to:
Grounds for Reissue
The following requirements must be met for consideration of expedited issuance of certificates of correction:
The text of the correction requested should 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 also MPEP § 1485.
Where only part of a request can be approved, the patentee will be notified using the Notification of Approval-in-part form PTOL-404. Further consideration will be given to initially rejected requests upon a request for reconsideration. In this instance, however, or in the case where it is determined that the Office was not responsible for the error(s) cited by the patentee, accelerated issuance of certificates of correction cannot be anticipated (although the Office will make every effort to process the request expeditiously).
Where only part of a request can be approved, the patentee will be notified using the Notification of Approval-in-part form PTOL-404. Further consideration will be given to initially rejected requests upon a request for reconsideration. In this instance, however, or in the case where it is determined that the Office was not responsible for the error(s) cited by the patentee, accelerated issuance of certificates of correction cannot be anticipated (although the Office will make every effort to process the request expeditiously).
Citations
| Primary topic | Citation |
|---|---|
| Not Grounds for Reissue | 37 CFR § 1.322 |
| Grounds for Reissue Not Grounds for Reissue | MPEP § 1485 |
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 § 1480.01 — Expedited Issuance of Certificates of Correction – Error Attributable to Office
Source: USPTO1480.01 Expedited Issuance of Certificates of Correction – Error Attributable to Office [R-01.2024]
In an effort to reduce the overall time required in processing and granting certificate of correction requests, the Office will expedite processing and granting of patentee requests where such requests are accompanied by evidence to show that the error is attributable solely to the Office (i.e., requests filed pursuant to 37 CFR 1.322 only).
The following requirements must be met for consideration of expedited issuance of certificates of correction:
The text of the correction requested should 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 also MPEP § 1485.
Where the correction requested was incurred through the fault of the Office, and the matter is clearly disclosed in the records of the Office, and is accompanied by documentation that unequivocally supports the patentee’s assertion(s), a certificate of correction will be expeditiously issued. Such supporting documentation can consist of relevant photocopied receipts, manuscript pages, correspondence dated and received by the Office, photocopies of Examiners’ responses regarding entry of amendments, or any other validation that supports the patentee’s request so that the request can be processed without the patent file.
Where only part of a request can be approved, the patentee will be notified using the Notification of Approval-in-part form PTOL-404. Further consideration will be given to initially rejected requests upon a request for reconsideration. In this instance, however, or in the case where it is determined that the Office was not responsible for the error(s) cited by the patentee, accelerated issuance of certificates of correction cannot be anticipated (although the Office will make every effort to process the request expeditiously).
A request for expedited issuance of a certificate of correction filed via the USPTO patent electronic filing system should use the document description: Request for Certificate of Correction.
As in the case of a request for a certificate of correction, a Request for Expedited Issuance of Certificate of Correction should be addressed to:
Commissioner for Patents
Office of Data Management Attention: Certificates of
Correction Branch
P.O. Box 1450
Alexandria, VA 22313-1450