Proceedings guide

Certificate of Correction

A certificate of correction fixes a mistake in an issued patent without reissue. Under 35 U.S.C. § 254 the Office corrects its own mistakes at no charge; under § 255 the patent owner can fix a mistake of clerical or typographical nature, or of minor character, for a fee, as long as the correction does not add new matter or require reexamination.

Key Facts

Statutes
35 U.S.C. § 254 (Office error), § 255 (applicant error)
Fixes
Clerical, typographical or minor mistakes
Not allowed
New matter, or changes needing reexamination
Effect
Causes of action arising after issuance
Rules
37 C.F.R. §§ 1.322–1.323
On this page
  1. Two kinds of correction
  2. What qualifies
  3. Effect in litigation
  4. Related corrections

Two kinds of correction

TypeStatute and ruleWho made the mistakeCost
Office error35 U.S.C. § 254; 37 C.F.R. § 1.322The USPTONo fee
Applicant error35 U.S.C. § 255; 37 C.F.R. § 1.323The applicantFee required

What qualifies

Under § 255 the mistake must be of a clerical or typographical nature, or of minor character, and must be clearly evident from the record. The correction must not involve new matter or require reexamination. A substantive change to the claims, such as to scope, generally requires reissue or reexamination.

Effect in litigation

A certificate is effective only for causes of action arising after it issues. That means a patentee who needs a correction should seek it early, before enforcement.

  • Inventorship: correcting named inventors is handled separately under 35 U.S.C. § 256.
  • Third parties: a third party cannot file a certificate of correction, but may bring a suspected error to the Office’s attention. See certificate of correction by a third party.
  • Claims you want to give up: use a disclaimer.

Primary Sources

  1. 35 U.S.C. §§ 254–255
  2. 37 C.F.R. §§ 1.322–1.323
  3. MPEP § 1480 (Certificate of correction)

Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.