How does a Certificate of Correction affect the legal status of a patent?
A Certificate of Correction becomes an integral part of the original patent and affects its legal status. According to MPEP 1480, which cites 35 U.S.C. 254:
“A printed copy thereof shall be attached to each printed copy of the patent, and such certificate shall be considered as part of the original patent. Every such patent, together with such certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.”
This means that once a Certificate of Correction is issued, the patent is treated as if it had been originally issued in the corrected form for any legal proceedings that arise after the correction. The certificate effectively updates the patent’s content and is considered part of the original document for all legal purposes.
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