Can 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 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.
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