MPEP Q & A 92: Statutory Requirements to be Met Before Certificate of Correction for an Applicant’s Mistake to Issue

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Question:

What are the two statutory requirements that must be met before a Certificate of Correction for an applicant’s mistake to issue?

Answer:

Two separate statutory requirements must be met before a Certificate of Correction for an applicant’s mistake may issue.

  • The first statutory requirement concerns the nature, i.e., type, of the mistake for which a correction is sought.

The mistake must be:

  • of a clerical nature,
  • of a typographical nature, or
  • a mistake of minor character.

The second statutory requirement concerns the nature of the proposed correction. The correction must not involve changes which would:

  • constitute new matter or
  • require reexamination.

Chapter Details:

The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers the correction of patents.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1481 of the MPEP.  The following is a brief summary of section 1481.

1481    Certificates of Correction – Applicant’s Mistake

This section discusses Certificates of correction which were not the fault of the Office. It covers the two separate statutory requirements that must be made before a Certificate of correction for an applicant’s mistake may issue.

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