How does the USPTO determine if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction?
The USPTO determines if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction based on specific criteria. According to MPEP 1481:
“The Office will issue a certificate of correction for a mistake that is clearly disclosed in the records of the Office, which mistake is ‘of a clerical or typographical nature, or of minor character.’ Examples of such mistakes include typographical errors in the specification or drawing, or certain mistakes in the application papers which are admitted to be mistakes in the petition for certificate of correction.”
The key factors considered are:
- The mistake must be clearly evident from the patent record
- It must not involve substantive changes to the patent disclosure
- The error should be obvious and not require extensive research or analysis to identify
If the proposed correction would significantly alter the scope or meaning of the patent, it would likely not qualify as a clerical or typographical error.
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