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…

Read More

What is the process for changing inventorship on a patent after it has been issued?

Changing inventorship on an issued patent requires a specific process, as outlined in MPEP § 1481.02. According to MPEP 1002.02(l), “Request to change inventorship pursuant to court order, 37 CFR 1.324, MPEP § 1481.02” is decided by the Certificates of Correction Branch. The process typically involves: Obtaining a court order directing the change in inventorship…

Read More

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

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…

Read More