What is the fee for a Certificate of Correction?
The fee for a Certificate of Correction depends on the type of correction being made. According to MPEP 1481: For corrections of applicant’s mistake (other than inventorship): The fee is set forth in 37 CFR 1.20(a). For correction of inventorship in a patent: The fee is set forth in 37 CFR 1.20(b). It’s important to…
Read MoreCan I request a Certificate of Correction if my patent is involved in an interference or trial?
If your patent is involved in an interference or a trial before the Patent Trial and Appeal Board (PTAB), there are specific requirements for requesting a Certificate of Correction. The MPEP states: “If the patent is involved in an interference or a trial before the Patent Trial and Appeal Board, a certificate of correction under…
Read MoreWhat 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,…
Read MoreCan a Certificate of Correction be used to add or remove an inventor from a patent?
A Certificate of Correction can be used to add or remove an inventor from a patent, but only under specific circumstances and with proper documentation. According to MPEP 1481: “Correction of inventorship in a patent may be requested under 37 CFR 1.324. See MPEP § 1412.04 for a discussion of the requirements of 37 CFR…
Read MoreCan a Certificate of Correction be used to extend the scope of a patent claim?
No, a Certificate of Correction cannot be used to extend the scope of a patent claim. The purpose of a Certificate of Correction is to correct minor errors or mistakes, not to substantively change the patent’s scope or add new matter. According to MPEP 1481: “A mistake in a patent may be corrected by certificate…
Read MoreCan a Certificate of Correction be used to broaden the scope of a patent claim?
No, a Certificate of Correction cannot be used to broaden the scope of a patent claim. The MPEP 1481 clearly states that mistakes that would materially affect the scope or meaning of the patent are not considered “minor” and thus cannot be corrected via a Certificate of Correction. The MPEP cites the Federal Circuit case…
Read MoreHow does a Certificate of Correction affect the legal status of a patent?
A Certificate of Correction becomes an integral part of the original patent and affects its legal status. According to MPEP 1480, which cites 35 U.S.C. 254: “A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent,…
Read MoreCan a Certificate of Correction be used to add a priority claim that was omitted from the original patent application?
Yes, a Certificate of Correction can be used to add a priority claim that was omitted from the original patent application, under certain conditions. The MPEP 1481 states: “The types of mistakes for which a certificate of correction of applicant’s mistake may be issued include the situation where ‘through error and without deceptive intention’ the…
Read MoreCan a Certificate of Correction be used to add or correct a benefit claim after patent grant?
Can a Certificate of Correction be used to add or correct a benefit claim after patent grant? The use of a Certificate of Correction to add or correct a benefit claim after patent grant depends on the type of patent. According to MPEP 211.02(a): “For utility and plant applications, a Certificate of Correction can be…
Read MoreCan I request a certificate of correction for a priority claim after my patent has issued?
Can I request a certificate of correction for a priority claim after my patent has issued? Yes, you can request a certificate of correction for a priority claim after your patent has issued, but only under specific circumstances. According to MPEP 213.04: ‘If the claim for priority or the certified copy of the foreign application…
Read More