MPEP Q & A 157: Ways a Patent May be Corrected or Amended

mpep-podcast-800

Question:

Name two ways a patent may be corrected or amended.

Answer:

A patent may be corrected or amended in eight ways, namely by:

  1. reissue,
  2. the issuance of a certificate of correction which becomes a part of the patent,
  3. disclaimer,
  4. reexamination,
  5. supplemental examination,
  6. inter partes review,
  7. post grant review, and
  8. covered business method review

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 08.2017. 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 1401 of the MPEP.  The following is a brief summary of section 1401.

1401 Reissue

The provisions of 35 U.S.C. 251 which discusses the reissue of defective patents, permit the reissue of a patent in order to correct an error in the patent made without any deceptive intention and provide the criteria for the reissue patent.