How do I request a Certificate of Correction for an applicant’s mistake in a patent?
To request a Certificate of Correction for an applicant’s mistake in a patent, follow these steps:
- Complete the appropriate form (PTO/SB/44 for utility patents or PTO/SB/43 for design patents)
- Include a detailed explanation of the error and the proposed correction
- Pay the required fee
- Submit the request to the USPTO
As stated in MPEP 1481, “A request for a certificate of correction for an applicant’s mistake must be accompanied by the required fee set forth in 37 CFR 1.20(a).” It’s crucial to ensure that the proposed correction does not introduce new matter or substantially change the scope of the patent.
To learn more: