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Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.1.322 Certificate of correction of Office mistake

Current as of January 02, 2025 | Updated by Findlaw Staff

(a)(1) The Director may issue a certificate of correction pursuant to 35 U.S.C. 254 to correct a mistake in a patent, incurred through the fault of the Office, which mistake is clearly disclosed in the records of the Office:

(i) At the request of the patentee or the patentee's assignee;

(ii) Acting sua sponte for mistakes that the Office discovers;  or

(iii) Acting on information about a mistake supplied by a third party.

(2)(i) There is no obligation on the Office to act on or respond to a submission of information or request to issue a certificate of correction by a third party under paragraph (a)(1)(iii) of this section.

(ii) Papers submitted by a third party under this section will not be made of record in the file that they relate to nor be retained by the Office.

(3) If the request relates to a patent involved in an interference or trial before the Patent Trial and Appeal Board, the request must comply with the requirements of this section and be accompanied by a motion under § 41.121(a)(2), § 41.121(a)(3), or § 42.20 of this title.

(4) The Office will not issue a certificate of correction under this section without first notifying the patentee (including any assignee of record) at the correspondence address of record as specified in § 1.33(a) and affording the patentee or an assignee an opportunity to be heard.

(b) If the nature of the mistake on the part of the Office is such that a certificate of correction is deemed inappropriate in form, the Director may issue a corrected patent in lieu thereof as a more appropriate form for certificate of correction, without expense to the patentee.

(Authority:  35 U.S.C. 254)

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Cite this article: FindLaw.com - Code of Federal Regulations Title 37. Patents, Trademarks, and Copyrights § 37.1.322 Certificate of correction of Office mistake - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-37-patents-trademarks-and-copyrights/cfr-sect-37-1-322/

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