What should an examiner do if certificate of correction changes are improperly marked in a reissue application?

If certificate of correction changes are improperly submitted with underlining and brackets in a reissue application, the examiner should require the applicant to correct this. The correction should be in the form of a replacement paragraph (or paragraphs) without such markings. MPEP 1411.01 states: “If the changes are submitted improperly with underlining and brackets, the…

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What types of errors qualify for a Certificate of Correction?

Certificates of Correction are typically issued for significant errors that affect the understanding or interpretation of the patent. According to MPEP 1480: “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…

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What are the eight ways to correct or amend a patent?

According to MPEP 1400.01, there are eight ways to correct or amend a patent: Reissue Issuance of a certificate of correction Disclaimer Reexamination Supplemental examination Inter partes review Post grant review Covered business method review The MPEP states: “A patent may be corrected or amended in eight ways, namely by: (1) reissue, (2) the issuance…

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How can errors in benefit claims to domestic applications be corrected?

Errors in benefit claims to domestic applications can be corrected through reissue applications or certificates of correction, depending on the situation. The MPEP states: For provisional applications: correction of failure to adequately claim a benefit under 35 U.S.C. 119(e) in an earlier-filed copending U.S. patent application is considered a proper ground for reissue. For non-provisional…

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Can a mistake in assignee information on PTOL-85B be corrected via certificate of correction?

No, a mistake in assignee information on the Fee(s) Transmittal Form (PTOL-85B) cannot be corrected via a certificate of correction. The MPEP 1481.01 clearly states: “Mistakenly adding assignee information on the form PTOL-85B is not a type of error correctable via certificate of correction.” If you need to change or correct assignee information after the…

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

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…

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