Can a Certificate of Correction be used to extend the scope of a patent claim?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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 of correction only if the mistake is of a clerical or typographical nature, or of minor character, and was not the fault of the Office.”
Extending the scope of a claim would be considered a substantial change and is not permitted through a Certificate of Correction. Such changes might be possible through other processes, such as reissue, but these involve more extensive procedures and requirements.