§ 1.322. Certificate of correction of Office mistake.
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/us/cfr/t37/s§ 1.322·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. (35 U.S.C. 254) \[24 FR 10332, Dec. 22, 1959, as amended at 49 FR 48454, Dec. 12, 1984; 65 FR 54677, Sept. 8, 2000; 69 FR 50001, Aug. 12, 2004; 77 FR 46626, Aug. 6, 2012\]
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§ 1.322
Certificate of correction of Office mistake.
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