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
Two kinds of correction
| Type | Statute and rule | Who made the mistake | Cost |
|---|---|---|---|
| Office error | 35 U.S.C. § 254; 37 C.F.R. § 1.322 | The USPTO | No fee |
| Applicant error | 35 U.S.C. § 255; 37 C.F.R. § 1.323 | The applicant | Fee 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.
Related corrections
- 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
Related Pages
- Proceedings guideReissue ApplicationsA reissue application lets a patent owner surrender an issued patent and have a corrected one granted when an…
- Proceedings guideStatutory Patent DisclaimersA disclaimer is a written statement in which a patent owner gives up a claim or part of a patent's term. A…
- ArticleCertificates of Correction and Third PartiesA third party cannot request a certificate of correction for an applicant’s mistake under 35 U.S.C. § 255.…
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.