35 U.S.C. § 255 — Certificate of correction of applicant’s (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 255 Certificate of correction of applicant’s
This page consolidates MPEP guidance interpreting 35 U.S.C. § 255, including 71 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
The Certificate of Correction is used to correct errors in a patent that are due to an applicant's mistake. Ensure all necessary information is included and avoid altering the scope of the claims.
What this section covers
- Defines the grounds and procedures for filing a certificate of correction to address errors made by the applicant during the patent process.
Key obligations
- Correct errors in the patent that are due to an applicant's mistake, ensuring no changes affect the patent’s validity.
- Adhere to specific requirements set forth in 35 USC 255, including the format and content of the certificate of correction.
Practice notes
- Ensure all necessary information is included in the certificate of correction to avoid any delays or rejections.
- Avoid corrections that could be seen as altering the scope of the patent claims, which may require additional procedures.
Official MPEP § 255 — Certificate of correction of applicant’s
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 255 Certificate of correction of applicant’s mistake.
Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent and Trademark Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Director may, upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require reexamination. Such patent, together with the 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.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
- Aia Practice
- Post Grant Proceedings
- Application Types
- Continuing Applications
- Continuation Applications
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- Certified Copies
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- Design Patents
- Design Application
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- Design Priority Benefit
- Ex Parte Reexamination
- Reexamination Conclusion
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- Reexamination Examination
- Rejection Basis Reexam
- Reexamination Request
- Fees
- Maintenance Fee Payment
- Patent Issuance
- Certificate Of Correction
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- Patent Term
- Pct
- Pct National Stage Entry
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- Benefit Delayed
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- Priority Certified Copy
- Ptab Contested Case
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- Reissue Concurrent Proceedings
- Section 112
- Section 112A
- New Matter