MPEP Q & A 123: What Situation May a Certificate of Correction be Used In Order to Correct an Issued Patent as Long as the Filing Was Made Without Deceptive Intent?

mpep-podcast-800

Question:

A Certificate of correction may be used in order to correct an issued patent as long as the filing was made without deceptive intent in what situations?

Answer:

A Certificate of correction may be used in order to correct an issued patent as long as the filing was made without deceptive intent in the following situations:

  • To correct inventorship.
  • A correction for failure to claim priority.

Chapter Details:

The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers 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 or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1480 of the MPEP.  The following is a brief summary of section 1480.

1480 Certificates of Correction — Office Mistake

This section discusses Certificates of correction when the Office made the mistake. Certificates of correction are used for minor mistakes (like typos) in issued patents. It includes additional information on when to use a Certificate of correction.