37 CFR § 1.323 — Certificate of correction of applicant’s (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.323, including 107 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 process allows for the accurate reflection of an applicant’s intent in correcting a patent, ensuring compliance with specific rules and avoiding new matter not disclosed.

What this section covers

Define what this section covers at a high level, specifically addressing the grounds and procedures for filing a certificate of correction.
Identify the core topic and scope of guidance in this section, focusing on how to correct a patent through a certificate of correction.

Key obligations

State the primary requirement practitioners must satisfy, which is to ensure that the certificate of correction accurately reflects the applicant's intent and complies with all relevant rules.
State an additional required element or condition if applicable, such as the need to file the certificate within a specific time frame.
State a key compliance obligation tied to authority (USC/CFR), emphasizing the importance of adhering to the specific requirements outlined in 37 CFR 1.323.

Practice notes

Give a practical drafting or filing tip grounded in this section, such as ensuring that all corrections are clearly and concisely described.
Call out a common pitfall or best practice relevant to this section, like avoiding the inclusion of new matter not previously disclosed in the original application.

Patent May Not Include Joint Research Agreement Parties After Issue FeeMPEP 2146.02Prohibited
Omission of Party Names Not Justifying Reissue or ReexaminationMPEP 2146.02
Request for Issuance to Assignee Must State Assignment Submitted Before Patent IssueMPEP 307Required
Patent May Not Include Joint Research Agreement Parties After Issue Fee PaidMPEP 717.02(a)Prohibited
Names of Joint Research Parties May Not Be Included in Patent After Issue Fee PaidMPEP 717.02(b)Prohibited
Patentee Can Request Certificate of CorrectionMPEP 1481Permitted
Motion Required for PTAB Interference RequestsMPEP 1481Required
Correction for Applicant’s MistakeMPEP 1481
Mistakes Correctable via Reissue ApplicationMPEP 1481Permitted
District Courts Can Correct Patent Errors Not Subject to Certificate of CorrectionMPEP 1481
District Courts Can Correct Patent Errors Not Subject to DebateMPEP 1481
Court Can Correct Patent Only If Unambiguous and Not Contradicted by Prosecution HistoryMPEP 1481Permitted
Criteria for Certificate of Correction Under 35 U.S.C. 255MPEP 1481
Requirements for Certificate of Correction of Applicant’s MistakeMPEP 1481Required
Requirement for Type of Applicant’s MistakeMPEP 1481
Certificate of Correction Mistakes Must Be MinorMPEP 1481Required
Correction Must Not Add New Matter or Require ReexaminationMPEP 1481
Correction Must Not Add New Matter or Require ReexaminationMPEP 1481Prohibited
Correction Requires Reissue If Criteria Not MetMPEP 1481Required
Mistake Affecting Claim Scope Must Be Corrected by ReissueMPEP 1481Required
Fee for Correcting Applicant’s MistakeMPEP 1481
Fee for Correcting Inventorship in a PatentMPEP 1481
Correction of Named Inventor After Patent IssuesMPEP 1481.02Required
Court Order and Certificate of Correction Required for Patent InventorshipMPEP 1481.02Required
Form PTO/SB/44 Required for Correcting InventorshipMPEP 1481.02Recommended
Court Order and Certificate Required for Patent Inventorship CorrectionMPEP 1481.02Required
Petition Before September 16, 2012 to Correct Patent Inventorship Must Comply with Pre-AIA RequirementsMPEP 1481.02Required
Priority Claim Must Be Corrected After Issue FeeMPEP 213.04
Patent Must Include Names of Joint Research Agreement PartiesMPEP 2146.02Required
Amendment After Grant Requires Certificate of CorrectionMPEP 2146.02
Cure Foreign Priority Claim After Issuance Via Certificate of Correction or Reissue ApplicationMPEP 216.01Permitted
Requirement for Certified Copy of Foreign ApplicationMPEP 216.01Permitted
Requirement for Perfecting Foreign Priority Claim After Patent IssuanceMPEP 216.01Permitted
Depositor Must Notify Office of Contaminated Deposit During PendencyMPEP 2407Prohibited
Replacement or Supplemental Deposit Required During PendencyMPEP 2407Prohibited
Replacement Deposit Must Meet Original Deposit RequirementsMPEP 2407Prohibited
Certificate of Correction Requirement for Deposit ReplacementMPEP 2407Prohibited
Assignment Must Be Recorded Before Patent Issuance to AssigneeMPEP 307Required
Request for Issuance to Assignee After Issue Fee Requires Certificate of CorrectionMPEP 307Required
Certificate of Correction for Assignee Patent IssuanceMPEP 307
Request for Certificate of Correction Must Follow Assignment RecordationMPEP 307Recommended
Request for Certificate of Correction Requires FeeMPEP 307
Names of Joint Research Parties Must Be Corrected in PatentMPEP 717.02(a)Required
Amendment via Certificate of Correction Required After GrantMPEP 717.02(a)
Names of Joint Research Agreement Parties Must Be Corrected in PatentMPEP 717.02(b)Required
Amendment by Certificate of Correction After GrantMPEP 717.02(b)

Petition for Unintentionally Delayed Priority Claim RequiredMPEP 214.03Required
Petition for Unintentionally Delayed Priority Claim RequiredMPEP 215Required
Petition and Fee Required for Unintentionally Delayed Priority ClaimMPEP 215.03Required
Certified Copy Before Grant RequiredMPEP 215.01Required
Requirement for Submitting Certified Foreign Application Before GrantMPEP 215.03Required
Priority Claim Must Be Filed Before GrantMPEP 215.03Required
Request for Issuance to Assignee Must State Assignment Submitted Before Patent IssueMPEP 307Required
Correction of Unincluded Priority Claim via Certificate and PetitionMPEP 1402Required
Motion Required for PTAB Interference RequestsMPEP 1481Required
Requirements for Certificate of Correction of Applicant’s MistakeMPEP 1481Required
Certificate of Correction Mistakes Must Be MinorMPEP 1481Required
Correction Requires Reissue If Criteria Not MetMPEP 1481Required
Mistake Affecting Claim Scope Must Be Corrected by ReissueMPEP 1481Required
Material Changes Not Eligible for Certificate of CorrectionMPEP 1481Required
Correction of Named Inventor After Patent IssuesMPEP 1481.02Required
Court Order and Certificate of Correction Required for Patent InventorshipMPEP 1481.02Required
Court Order and Certificate Required for Patent Inventorship CorrectionMPEP 1481.02Required
Petition Before September 16, 2012 to Correct Patent Inventorship Must Comply with Pre-AIA RequirementsMPEP 1481.02Required
Reference Must Be Submitted During Pendency of Later-Filed Design ApplicationMPEP 1481.03Required
No Provisional Benefit for DesignsMPEP 1481.03Required
Petition to Accept Unintentionally Delayed Benefit Claim in Design PatentMPEP 1481.03Required
Patent Must Include Names of Joint Research Agreement PartiesMPEP 2146.02Required
Assignment Must Be Recorded Before Patent Issuance to AssigneeMPEP 307Required
Request for Issuance to Assignee After Issue Fee Requires Certificate of CorrectionMPEP 307Required
Names of Joint Research Parties Must Be Corrected in PatentMPEP 717.02(a)Required
Names of Joint Research Agreement Parties Must Be Corrected in PatentMPEP 717.02(b)Required

Foreign Priority Claim After Issue Fee But Before GrantMPEP 214.03Permitted
Foreign Priority Claim After Issue Fee But Before GrantMPEP 215Permitted
No Notice for Certified Copy of Priority DocumentMPEP 215.01
Check for Received Foreign Application Under PDXMPEP 215.01Prohibited
Requirement for Certified Priority PapersMPEP 215.03
Certification by Treaty Authority Satisfies Priority ClaimMPEP 215.03
Priority Claim After Issue Fee But Before GrantMPEP 215.03
How to Determine Original Expiration Date for Patents with Terminal DisclaimersMPEP 2701
Expiration Date Determined by Earlier PatentMPEP 2701
Terminal Disclaim Date Before June 8, 1995MPEP 2701
Incorrect Terminal Disclaimer Dates After 1995 AmendmentsMPEP 2701
Effect of Terminal Disclaimer on Patent TermMPEP 2701
Reference Patent’s Twenty-Year Term Longer Than Seventeen-Year TermMPEP 2701
Patent Expiration Date Determined by Specific DateMPEP 2701
Extension Permitted for Patents with Terminal DisclaimersMPEP 2701Permitted
Original Expiration Date Determined by Earlier PatentMPEP 2701
Patent Term Not Extended Beyond Disclaimed DateMPEP 2701
Patent May Be Corrected for Missing Priority Claim via Certificate of Correction and PetitionMPEP 1402Permitted
Petitions for Correction and Reissue SameMPEP 1402Recommended
Certified Copy Not Required With Certain PetitionsMPEP 1402
Typical Requirement for Benefit Claim MistakesMPEP 1481
Mistakes Broadening Claims Cannot Be MinorMPEP 1481Prohibited
Mistake of Minor Character Excludes Claim BroadeningMPEP 1481
Claims Cannot Be Broadered via CorrectionMPEP 1481
Reissue Application for Broadened Claims AllowedMPEP 1481Permitted
Failure to Present Claim Is Not Correctable by Certificate of CorrectionMPEP 1481
Claims That Are Broader Than Examined Cannot Be Corrected by Certificate of CorrectionMPEP 1481
Certificates of Correction for Design Patents Now AllowedMPEP 1481.03
Certificate of Correction for Provisional Claim Now PermittedMPEP 1481.03Permitted
Conditions for Adding Claim Benefit to Provisional ApplicationMPEP 1481.03
Unintentionally Delayed Utility and Plant Benefits Now Available in Design ApplicationsMPEP 1481.03Permitted
Certificate of Correction Not Issued Without Motion ApprovalMPEP 1485
Certificate of Correction Requires Motion ApprovalMPEP 1485
Determination for Certificates of CorrectionMPEP 1485
Report Required for Determination of Certificate of CorrectionMPEP 1485
Patentee Notified If No Certificate IssuedMPEP 1485
Certificate of Correction Prepared and Forwarded by Office of Data ManagementMPEP 1485
Request and Report for Certificate of Correction Entered into File HistoryMPEP 1485
Foreign Priority Claim After Publication Can Be CorrectedMPEP 214.03Permitted
Post-Publication Priority Claim ConsiderationMPEP 215Permitted
Certified Copy After Issue Fee Requires CorrectionMPEP 215.01
Priority Claim After Issue Fee Requires Certificate of CorrectionMPEP 215.03
Priority Claim After PublicationMPEP 215.03Permitted
Certificate of Correction Required for Replacement or Supplemental DepositsMPEP 2407.02Prohibited
Patentee May Request Correction for Incorrect Expiration DateMPEP 2701Permitted
Patent Owner Must File Reissue Application or Certificate of Correction for Factual ErrorsMPEP 2809.01Recommended
Correcting Inventorship Requires Certificate of Correction or Reissue ApplicationMPEP 2809.01Recommended
Inventorship Can Be Corrected in Ex Parte ReexaminationMPEP 2809.01Permitted
Clerical Errors Require Certificate of CorrectionMPEP 2809.01Recommended
Requirement for Correcting Factual InformationMPEP 2809.01

MPEP Section	Rules
MPEP § 1402	Patent May Be Corrected for Missing Priority Claim via Certificate of Correction and PetitionMPEP 1402Permitted Correction of Unincluded Priority Claim via Certificate and PetitionMPEP 1402Required Petitions for Correction and Reissue SameMPEP 1402Recommended Certified Copy Not Required With Certain PetitionsMPEP 1402
MPEP § 1481	Patentee Can Request Certificate of CorrectionMPEP 1481Permitted Motion Required for PTAB Interference RequestsMPEP 1481Required Correction for Applicant’s MistakeMPEP 1481 Mistakes Correctable via Reissue ApplicationMPEP 1481Permitted District Courts Can Correct Patent Errors Not Subject to Certificate of CorrectionMPEP 1481 District Courts Can Correct Patent Errors Not Subject to DebateMPEP 1481 Court Can Correct Patent Only If Unambiguous and Not Contradicted by Prosecution HistoryMPEP 1481Permitted Criteria for Certificate of Correction Under 35 U.S.C. 255MPEP 1481 Requirements for Certificate of Correction of Applicant’s MistakeMPEP 1481Required Requirement for Type of Applicant’s MistakeMPEP 1481 Certificate of Correction Mistakes Must Be MinorMPEP 1481Required Correction Must Not Add New Matter or Require ReexaminationMPEP 1481 Correction Must Not Add New Matter or Require ReexaminationMPEP 1481Prohibited Correction Requires Reissue If Criteria Not MetMPEP 1481Required Mistake Affecting Claim Scope Must Be Corrected by ReissueMPEP 1481Required Typical Requirement for Benefit Claim MistakesMPEP 1481 Material Changes Not Eligible for Certificate of CorrectionMPEP 1481Required Mistakes Broadening Claims Cannot Be MinorMPEP 1481Prohibited Mistake of Minor Character Excludes Claim BroadeningMPEP 1481 Claims Cannot Be Broadered via CorrectionMPEP 1481 Reissue Application for Broadened Claims AllowedMPEP 1481Permitted Failure to Present Claim Is Not Correctable by Certificate of CorrectionMPEP 1481 Claims That Are Broader Than Examined Cannot Be Corrected by Certificate of CorrectionMPEP 1481 Fee for Correcting Applicant’s MistakeMPEP 1481 Fee for Correcting Inventorship in a PatentMPEP 1481
MPEP § 1481.02	Correction of Named Inventor After Patent IssuesMPEP 1481.02Required Court Order and Certificate of Correction Required for Patent InventorshipMPEP 1481.02Required Form PTO/SB/44 Required for Correcting InventorshipMPEP 1481.02Recommended Court Order and Certificate Required for Patent Inventorship CorrectionMPEP 1481.02Required Petition Before September 16, 2012 to Correct Patent Inventorship Must Comply with Pre-AIA RequirementsMPEP 1481.02Required
MPEP § 1481.03	Certificates of Correction for Design Patents Now AllowedMPEP 1481.03 Certificate of Correction for Provisional Claim Now PermittedMPEP 1481.03Permitted Conditions for Adding Claim Benefit to Provisional ApplicationMPEP 1481.03 Unintentionally Delayed Utility and Plant Benefits Now Available in Design ApplicationsMPEP 1481.03Permitted Reference Must Be Submitted During Pendency of Later-Filed Design ApplicationMPEP 1481.03Required No Provisional Benefit for DesignsMPEP 1481.03Required Petition to Accept Unintentionally Delayed Benefit Claim in Design PatentMPEP 1481.03Required
MPEP § 1485	Certificate of Correction Not Issued Without Motion ApprovalMPEP 1485 Certificate of Correction Requires Motion ApprovalMPEP 1485 Determination for Certificates of CorrectionMPEP 1485 Report Required for Determination of Certificate of CorrectionMPEP 1485 Patentee Notified If No Certificate IssuedMPEP 1485 Certificate of Correction Prepared and Forwarded by Office of Data ManagementMPEP 1485 Request and Report for Certificate of Correction Entered into File HistoryMPEP 1485
MPEP § 213.04	Priority Claim Must Be Corrected After Issue FeeMPEP 213.04
MPEP § 214.03	Petition for Unintentionally Delayed Priority Claim RequiredMPEP 214.03Required Foreign Priority Claim After Issue Fee But Before GrantMPEP 214.03Permitted Foreign Priority Claim After Publication Can Be CorrectedMPEP 214.03Permitted
MPEP § 2146.02	Patent May Not Include Joint Research Agreement Parties After Issue FeeMPEP 2146.02Prohibited Omission of Party Names Not Justifying Reissue or ReexaminationMPEP 2146.02 Patent Must Include Names of Joint Research Agreement PartiesMPEP 2146.02Required Amendment After Grant Requires Certificate of CorrectionMPEP 2146.02
MPEP § 215	Petition for Unintentionally Delayed Priority Claim RequiredMPEP 215Required Foreign Priority Claim After Issue Fee But Before GrantMPEP 215Permitted Post-Publication Priority Claim ConsiderationMPEP 215Permitted
MPEP § 215.01	No Notice for Certified Copy of Priority DocumentMPEP 215.01 Check for Received Foreign Application Under PDXMPEP 215.01Prohibited Certified Copy Before Grant RequiredMPEP 215.01Required Certified Copy After Issue Fee Requires CorrectionMPEP 215.01
MPEP § 215.03	Petition and Fee Required for Unintentionally Delayed Priority ClaimMPEP 215.03Required Requirement for Certified Priority PapersMPEP 215.03 Requirement for Submitting Certified Foreign Application Before GrantMPEP 215.03Required Certification by Treaty Authority Satisfies Priority ClaimMPEP 215.03 Priority Claim Must Be Filed Before GrantMPEP 215.03Required Priority Claim After Issue Fee But Before GrantMPEP 215.03 Priority Claim After Issue Fee Requires Certificate of CorrectionMPEP 215.03 Priority Claim After PublicationMPEP 215.03Permitted
MPEP § 216.01	Cure Foreign Priority Claim After Issuance Via Certificate of Correction or Reissue ApplicationMPEP 216.01Permitted Requirement for Certified Copy of Foreign ApplicationMPEP 216.01Permitted Requirement for Perfecting Foreign Priority Claim After Patent IssuanceMPEP 216.01Permitted
MPEP § 2407	Depositor Must Notify Office of Contaminated Deposit During PendencyMPEP 2407Prohibited Replacement or Supplemental Deposit Required During PendencyMPEP 2407Prohibited Replacement Deposit Must Meet Original Deposit RequirementsMPEP 2407Prohibited Certificate of Correction Requirement for Deposit ReplacementMPEP 2407Prohibited
MPEP § 2407.02	Certificate of Correction Required for Replacement or Supplemental DepositsMPEP 2407.02Prohibited
MPEP § 2701	How to Determine Original Expiration Date for Patents with Terminal DisclaimersMPEP 2701 Expiration Date Determined by Earlier PatentMPEP 2701 Terminal Disclaim Date Before June 8, 1995MPEP 2701 Incorrect Terminal Disclaimer Dates After 1995 AmendmentsMPEP 2701 Effect of Terminal Disclaimer on Patent TermMPEP 2701 Reference Patent’s Twenty-Year Term Longer Than Seventeen-Year TermMPEP 2701 Patent Expiration Date Determined by Specific DateMPEP 2701 Extension Permitted for Patents with Terminal DisclaimersMPEP 2701Permitted Original Expiration Date Determined by Earlier PatentMPEP 2701 Patent Term Not Extended Beyond Disclaimed DateMPEP 2701 Patentee May Request Correction for Incorrect Expiration DateMPEP 2701Permitted
MPEP § 2809.01	Patent Owner Must File Reissue Application or Certificate of Correction for Factual ErrorsMPEP 2809.01Recommended Correcting Inventorship Requires Certificate of Correction or Reissue ApplicationMPEP 2809.01Recommended Inventorship Can Be Corrected in Ex Parte ReexaminationMPEP 2809.01Permitted Clerical Errors Require Certificate of CorrectionMPEP 2809.01Recommended Requirement for Correcting Factual InformationMPEP 2809.01
MPEP § 307	Request for Issuance to Assignee Must State Assignment Submitted Before Patent IssueMPEP 307Required Assignment Must Be Recorded Before Patent Issuance to AssigneeMPEP 307Required Request for Issuance to Assignee After Issue Fee Requires Certificate of CorrectionMPEP 307Required Certificate of Correction for Assignee Patent IssuanceMPEP 307 Request for Certificate of Correction Must Follow Assignment RecordationMPEP 307Recommended Request for Certificate of Correction Requires FeeMPEP 307
MPEP § 717.02(a)	Patent May Not Include Joint Research Agreement Parties After Issue Fee PaidMPEP 717.02(a)Prohibited Names of Joint Research Parties Must Be Corrected in PatentMPEP 717.02(a)Required Amendment via Certificate of Correction Required After GrantMPEP 717.02(a)
MPEP § 717.02(b)	Names of Joint Research Parties May Not Be Included in Patent After Issue Fee PaidMPEP 717.02(b)Prohibited Names of Joint Research Agreement Parties Must Be Corrected in PatentMPEP 717.02(b)Required Amendment by Certificate of Correction After GrantMPEP 717.02(b)

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.323 — Certificate of correction of applicant’s (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.323 Certificate of correction of applicant’s

Summary

Official MPEP § 1.323 — Certificate of correction of applicant’s

1.323 Certificate of correction of applicant’s mistake.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions

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