Can I request a Certificate of Correction if my patent is involved in an interference or trial?

If your patent is involved in an interference or a trial before the Patent Trial and Appeal Board (PTAB), there are specific requirements for requesting a Certificate of Correction. The MPEP states:

“If the patent is involved in an interference or a trial before the Patent Trial and Appeal Board, a certificate of correction under 37 CFR 1.323 or 37 CFR 1.324 will not be issued unless a corresponding motion under 37 CFR 41.121(a)(2), 41.121(a)(3), 42.20 or 42.22 has been granted by the administrative patent judge.“

This means that you must first file and have granted a corresponding motion with the administrative patent judge before a Certificate of Correction can be issued in these circumstances.

To learn more:

• Certificate of Correction
• Patent Interference
• PTAB Trial
• Administrative Patent Judge