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Certificate of Correction:

MPEP 1400

When to use a Certificate of correction:

  • Through error and without deceptive intent, there is a failure to make reference to a prior copending application and the failure does not otherwise affect what is claimed, but the prior copending application is referenced in a record of the application.
  • Through error and without deceptive intent, a prior copending application is correctly ID’d elsewhere in the application file, and a petition under 37 C.F.R. 1.324 and fees are filed.

Two statutory requirements for a Certificate of correction:

  • Applicant’s mistake (mistake must be of clerical, typographical nature).
  • Correction must not involve changes that constitute new matter.