| Certificates of Correction |
Referenced Items (326, 327, 328, 329) |
(327) Expedited Issuance of Certificates of Correction
When the Error is Attributable to the
United States Patent and Trademark Office
In an effort to reduce the overall time required in processing
and granting Certificate of Correction requests, the United States
Patent and Trademark Office, effective immediately, will expedite
processing and granting of patentees' requests where the request is
accompanied by paperwork which substantiates that the error incurred is
attributable solely to the United States Patent and Trademark Office
(i.e., requests filed pursuant to 37 CFR 1.322).
The following requirements must be met for consideration of
expedited issuance of Certificates of Correction:
As is currently practiced, patentees, or their attorneys or
agents, will submit the text of the correction on a Certificate of
Correction form, PTO/SB/44 (also referred to as PTO 1050).
See MPEP 1485. Submission of this form in duplicate is
not necessary. The location of the error in the printed patent should
be identified on form PTO/SB/44 by column and line number or claim and
line number, as directed in the Manual of Patent Examining Procedure
(MPEP). See MPEP 1480. Other suggested elements of
format are discussed in Section 1485 of the MPEP, entitled "Handling
of Request for Certificate of Correction" and patentees are urged to
comply with these recommendations. See MPEP 1485.
If such a request for correction was incurred through the fault
of the United States Patent and Trademark Office (Office), and is
clearly disclosed in the records of the Office, and is accompanied by
documentation that unequivocally supports the patentee's assertion(s),
a Certificate of Correction will be expeditiously issued. Such
supporting documentation can consist of relevant photocopied receipts,
manuscript pages, correspondence dated and received by the Office,
photocopies of Examiners' responses regarding entry of amendments, or
any other validation that supports the patentee's request so that the
request can be processed without the patent file.
Where only part of a request can be approved, the appropriate
modifications are made on the form PTO/SB/44 and the patentee is
notified by mail. Further consideration can be given to initially
rejected requests upon a request for reconsideration. In this instance,
however, or in the case where it is determined that the Office was not
responsible for the error(s) cited by the patentee, although the Office
will make every effort to process the request expeditiously,
accelerated issuance of Certificates of Correction cannot be
anticipated.
Issuance of a Certificate of Correction by the Office continues
to be discretionary. See 35 U.S.C. 254, 255
("Director may issue a certificate of correction . . ."). Patentees are
reminded that where errors are of a minor typographical nature or are
readily apparent to one skilled in the art, a letter making the error(s)
of record can be submitted in lieu of a request for a Certificate of
Correction. See MPEP 1480 (". . . the Office may decline to issue a
certificate and merely place the correspondence in the patented file,
where it serves to call attention to the matter in case any question as to
it subsequently arises."). There is no fee for such a letter.
A request for a Certificate of Correction should be addressed
to the attention of the Certificate of Correction Branch, Commissioner
for Patents, Washington, DC 20231.
Questions concerning this notice should be directed to Janet
Higgins, by telephone at (703) 308-6187, or by facsimile to (703)
305-4372, or via e-mail to janet.higgins@uspto.gov.
August 21, 2002 STEPHEN G. KUNIN
Deputy Commissioner for
Patent Examination Policy
[1262 OG 96]
Top of Notices (327) December 29, 2020