Can 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 used to correct the failure to adequately claim priority under 35 U.S.C. 119(e) or 120 in the application as filed if the application was filed within the required time period. However, for design applications, an application may be amended to claim priority to or the benefit of a prior-filed application after the application issues as a patent by filing a reissue application.”
This means:
- For utility and plant patents: A Certificate of Correction can be used to add or correct a benefit claim after patent grant, provided the application was filed within the required time period.
- For design patents: A Certificate of Correction cannot be used. Instead, a reissue application must be filed to add or correct a benefit claim after patent grant.
It’s important to note that the option to use a Certificate of Correction for utility and plant patents is subject to specific conditions and time limitations. Always consult the current MPEP and seek legal advice if necessary.
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