Q: How long does it take to receive a Certificate of Correction after approval?

According to the MPEP, " The certificate is issued approximately 6 weeks thereafter. " This means that after your request for a Certificate of Correction has been approved, you can expect to receive the actual certificate in about six weeks. It's important to note that this timeframe begins after the approval process, which itself may take some time depending on the complexity of the correction and the current workload of the USPTO. To learn more: Certificate of Correction Patent Correction USPTO Timeline Patent Processing

Q: What types of mistakes can be corrected with a Certificate of Correction?

According to MPEP 1481 , there are three types of mistakes that can be corrected with a Certificate of Correction: Clerical mistakes Typographical mistakes Mistakes of minor character The MPEP states: "Two separate statutory requirements must be met before a Certificate of Correction for an applicant's mistake may issue. The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought. The mistake must be: (1) of a clerical nature, (2) of a typographical nature, or (3) a mistake of minor character." It's important to note that these mistakes must not involve changes that would constitute new matter or require reexamination. To learn more: Certificate of Correction Patent Mistakes USPTO Clerical Errors Typographical Errors

Question 1

What is the process for correcting assignee information on an issued patent?

Accepted Answer

To correct assignee information on an issued patent, you must follow these steps:

Submit a request for a certificate of correction under 37 CFR 1.323.
Ensure that a request under 37 CFR 3.81(b) has been granted.
Confirm that the assignment was submitted for recordation before the patent was issued.

According to MPEP 307: "A request for a certificate of correction under 37 CFR 1.323 (see MPEP §§ 1481 and 1485) arising from incomplete or erroneous assignee's name furnished, or a missing assignee's name, in item 3 of PTOL-85B will not be granted unless a request under 37 CFR 3.81(b) has been granted and the assignment was submitted for recordation as set forth in 37 CFR 3.11 before the patent issued."

The request should be directed to the Office of Petitions and include:

The processing fee required by 37 CFR 1.17(i)
A request for issuance of the application in the name of the assignee, or a request that a patent be corrected to state the name of the assignee
A statement that the assignment was submitted for recordation before the patent was issued
A request for a certificate of correction under 37 CFR 1.323 with the associated fee

For more information on assignee information, visit: assignee information.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on Patent correction, visit: Patent correction.

For more information on USPTO procedures, visit: USPTO procedures.

Question 2

What is the process for correcting a priority claim after a patent has been issued?

Accepted Answer

If a priority claim needs to be corrected after a patent has been issued, it must be done through a certificate of correction. The MPEP Section 213.04 states:

"If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and § 1.323."

To obtain a certificate of correction, the patent owner must file a request with the USPTO, pay the required fee, and provide a statement explaining the error and how it occurred. The USPTO will then review the request and, if approved, issue a certificate of correction to be attached to the patent.

To learn more:

Question 3

Can a priority claim be corrected after the patent has been issued?

Accepted Answer

Can a priority claim be corrected after the patent has been issued?

Yes, it is possible to correct a priority claim after a patent has been issued, but the process is more complex and limited compared to correcting a priority claim in a pending application.

According to MPEP 214.02: 'For a correction of foreign priority claim after issuance of a patent, see MPEP § 216.01.'

To correct a priority claim in an issued patent, the following steps are typically required:

File a petition for a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
Pay the required fee.
Provide a statement that the error occurred without deceptive intent.
Submit evidence to support the correction, such as a certified copy of the priority document.

It's important to note that the scope for correcting priority claims in issued patents is more limited than in pending applications. The correction must not involve a change that would broaden the scope of the claims of the issued patent.

For more detailed information on correcting foreign priority claims after patent issuance, refer to MPEP § 216.01.

To learn more:

Question 4

How long does it take to receive a Certificate of Correction after approval?

Accepted Answer

According to the MPEP, "The certificate is issued approximately 6 weeks thereafter." This means that after your request for a Certificate of Correction has been approved, you can expect to receive the actual certificate in about six weeks.

It's important to note that this timeframe begins after the approval process, which itself may take some time depending on the complexity of the correction and the current workload of the USPTO.

To learn more:

Question 5

What happens if a patent is issued to the wrong applicant?

Accepted Answer

If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:

'If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction... If the error was not the Office's fault, the assignee(s) or applicant(s) may request a reissue.'

The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO's error, a certificate of correction can be requested. If it was the applicant's error, a reissue process may be necessary.

For more information on Certificate of Correction, visit: Certificate of Correction.

For more information on error correction, visit: error correction.

For more information on patent issuance, visit: patent issuance.

For more information on reissue, visit: reissue.

Question 6

What types of mistakes can be corrected with a Certificate of Correction?

Accepted Answer

According to MPEP 1481, there are three types of mistakes that can be corrected with a Certificate of Correction:

Clerical mistakes
Typographical mistakes
Mistakes of minor character

The MPEP states: "Two separate statutory requirements must be met before a Certificate of Correction for an applicant's mistake may issue. The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought. The mistake must be: (1) of a clerical nature, (2) of a typographical nature, or (3) a mistake of minor character."

It's important to note that these mistakes must not involve changes that would constitute new matter or require reexamination.

To learn more:

Question 7

What is a Certificate of Correction for Office Mistakes?

Accepted Answer

A Certificate of Correction for Office Mistakes is a document issued by the USPTO to correct errors in a patent that were made by the Patent and Trademark Office. According to MPEP 1480, "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." This certificate becomes part of the original patent and has the same legal effect as if the patent had been originally issued in the corrected form.

To learn more:

Question 8

What is the difference between correcting a patent with a Certificate of Correction and a reissue application?

Accepted Answer

The choice between a Certificate of Correction and a reissue application depends on the nature and extent of the error in the patent. According to MPEP 1481:

Certificate of Correction:

Used for clerical or typographical errors, or mistakes of minor character
Cannot involve changes that would constitute new matter or require reexamination
Cannot be used to broaden the scope of claims
Relatively simple and quick process

Reissue Application:

Used for more substantial errors or changes
Can be used to correct errors in the specification, drawings, or claims
Can be used to broaden or narrow the scope of claims (within certain time limits)
More complex process, essentially re-examining the patent

The MPEP states: "Mistakes in a patent which are not correctable by certificate of correction may be correctable via filing a reissue application (see MPEP § 1401 - § 1460)."

It's important to note that "Usually, any mistake affecting claim scope must be corrected by reissue." If you're unsure which process is appropriate for your situation, it's advisable to consult with a patent attorney.

To learn more:

Question 9

Can I correct a typographical error in an inventor's name after a patent has issued?

Accepted Answer

Yes, you can correct a typographical error in an inventor's name after a patent has issued. However, this requires a different process than correcting inventorship. As stated in MPEP 1481.02:

"Where applicant's typographical error in an inventor's name is recognized after the patent issues, a certificate of correction under 37 CFR 1.323, the fee set forth in 37 CFR 1.20(a), a petition under 37 CFR 1.182, and the petition fee set forth in 37 CFR 1.17(f) must be filed to request correction of the typographical error in the inventor's name."

This process is different from inventorship correction and is specifically for typographical errors in names.

To learn more:

Question 10

Can a patent application be withdrawn from issue after payment of the issue fee?

Accepted Answer

Yes, a patent application can be withdrawn from issue even after payment of the issue fee. However, the process and requirements differ based on the timing:

If withdrawn before the patent has been granted, a petition under 37 CFR 1.313(c) is required.
If withdrawn after the patent has been granted, a certificate of correction or a reissue application may be necessary.

MPEP 1308 states: "A petition under 37 CFR 1.313(c) to withdraw an application from issue after payment of the issue fee should be filed with the Office of Petitions and should include the fee set forth in 37 CFR 1.17(h)."

It's important to note that the timing of the withdrawal request can affect the available options and the likelihood of success.

To learn more:

Question 11

What is the time limit for requesting a Certificate of Correction for a patent?

Accepted Answer

There is no specific time limit for requesting a Certificate of Correction for a patent. As long as the patent is still in force, you can request a correction. However, it's generally advisable to request corrections as soon as possible after discovering an error to ensure the accuracy of the patent record.

The MPEP 1481 does not specify a time limit, but states:

"A patentee may request a certificate of correction of a patent by submitting Form PTO/SB/44 (for utility patents) or Form PTO/SB/43 (for design patents)."

While there's no time limit, it's important to remember that the longer you wait, the more likely it is that third parties may have relied on the uncorrected patent information, which could potentially complicate matters in some cases.

To learn more:

Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

MPEP 200 – Types and Status of Application; Benefit and Priority (2)

What is the process for correcting a priority claim after a patent has been issued?

Can a priority claim be corrected after the patent has been issued?

Can a priority claim be corrected after the patent has been issued?

MPEP 300 – Ownership and Assignment (2)

What is the process for correcting assignee information on an issued patent?

What happens if a patent is issued to the wrong applicant?

MPEP 307 – Issue to Non – Applicant Assignee (1)

What is the process for correcting assignee information on an issued patent?

MPEP 308 – Issue to Applicant (1)

What happens if a patent is issued to the wrong applicant?

Patent Law (4)

What is the process for correcting assignee information on an issued patent?

What is the process for correcting a priority claim after a patent has been issued?

Can a priority claim be corrected after the patent has been issued?

Can a priority claim be corrected after the patent has been issued?

What happens if a patent is issued to the wrong applicant?

Patent Procedure (4)

What is the process for correcting assignee information on an issued patent?

What is the process for correcting a priority claim after a patent has been issued?

Can a priority claim be corrected after the patent has been issued?

Can a priority claim be corrected after the patent has been issued?

What happens if a patent is issued to the wrong applicant?