What happens if there’s an error in the patent grant?
What happens if there’s an error in the patent grant?
Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states:
“If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”
This process involves the following steps:
- The USPTO identifies an error in the issued patent
- The patentee is notified of the error
- The patentee must submit a request for a certificate of correction
- The USPTO issues a certificate of correction to rectify the error
It’s important to note that the certificate of correction becomes part of the patent and is treated as such for all purposes. Patentees should carefully review their patent grants upon receipt to identify any errors promptly and initiate the correction process if necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on Patent correction, visit: Patent correction.
For more information on USPTO procedures, visit: USPTO procedures.