Can 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 Superior Fireplace Co. v. The Majestic Products Co., which states:
“A mistake that, if corrected, would broaden the scope of a claim must thus be viewed as highly important and thus cannot be a mistake of ‘minor character.’ Accordingly, based on the plain meaning of the statutory language, we interpret ‘a mistake of . . . minor character’ to exclude mistakes that broaden a claim.”
If an applicant wishes to broaden the scope of a claim, they may need to consider filing a reissue application instead. The MPEP notes: “The filing of a reissue application may, in some instances, be appropriate to add a broadened claim to a patent.”
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