How should certificate of correction changes be incorporated into a reissue application?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Certificate of correction changes should be incorporated into a reissue application without underlining or bracketing. This applies to changes made by a certificate of correction dated before the filing of the reissue application or during its pendency.
As stated in MPEP 1411.01: “The applicant should include any changes, additions, or deletions that were made by a certificate of correction to the original patent grant in the reissue application without underlining or bracketing.”
This approach ensures that these changes are treated as part of the original patent, as they are retroactively incorporated before the reissue application is granted.