MPEP Q & A 43: Ways a Patent May be Corrected or Amended

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Question:

Name two ways a patent may be corrected or amended.

Answer:

A patent may be corrected or amended in seven 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. inter partes review,
  6. post grant review, and
  7. covered business method review.

Chapter Details:

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

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.

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