Can third parties request a Certificate of Correction for a patent?
While third parties can provide information about mistakes in patents, they do not have the legal standing to demand the issuance or refusal of a Certificate of Correction. According to MPEP 1480:
“Third parties do not have standing to demand that the Office issue, or refuse to issue, a certificate of correction. See Hallmark Cards, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). 37 CFR 1.322(a)(2) makes it clear that third parties do not have standing to demand that the Office act on, respond to, issue, or refuse to issue a certificate of correction.”
However, the USPTO may accept and review information about patent mistakes from third parties. The Office has the discretion to issue a Certificate of Correction based on this information, but it is not obligated to act on or respond to such third-party submissions.
To learn more: