What types of errors qualify for a Certificate of Correction?
Certificates of Correction are typically issued for significant errors that affect the understanding or interpretation of the patent. According to MPEP 1480:
“In order to expedite all proper requests, a certificate of correction should be requested only for errors of consequence. Instead of a request for a certificate of correction, letters making errors of record should be utilized whenever possible. Thus, where errors are of a minor typographical nature, or are readily apparent to one skilled in the art, a letter making the error(s) of record can be submitted in lieu of a request for a certificate of correction.”
The USPTO has discretion in determining whether to issue a Certificate of Correction. Minor typographical errors or mistakes that are obvious to those skilled in the art may not warrant a formal correction. In such cases, a letter documenting the error for the record may be more appropriate.
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