How do I request a Certificate of Correction for an applicant’s mistake in a patent?
To request a Certificate of Correction for an applicant’s mistake in a patent, follow these steps: Complete the appropriate form (PTO/SB/44 for utility patents or PTO/SB/43 for design patents) Include a detailed explanation of the error and the proposed correction Pay the required fee Submit the request to the USPTO As stated in MPEP 1481,…
Read MoreIs there a fee for requesting a Certificate of Correction for an Office mistake?
No, there is no fee for requesting a Certificate of Correction for an Office mistake. According to MPEP 1480, which cites 35 U.S.C. 254: “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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreCan inventorship errors be corrected through a reissue application?
Yes, inventorship errors can be corrected through a reissue application. The MPEP states: The correction of misjoinder of inventors in reissues has been held to be a ground for reissue. However, it’s important to note that there are two ways to correct inventorship: Reissue application: This can be used to correct misjoinder of inventors under…
Read MoreCan a reissue application be used to correct errors related to foreign priority claims?
Yes, a reissue application can be used to correct errors related to foreign priority claims. The MPEP cites the case of Brenner v. State of Israel, which established that reissue is available to: File a certified copy of the original foreign application to obtain the right of foreign priority under 35 U.S.C. 119(a)-(d) Correct the…
Read MoreHow 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…
Read MoreCan 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…
Read MoreCan 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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