Correcting Errors in a Patent

A request for correction of errors can be filed with the USPTO,

Before the application is published
After the application is published
After the patent is granted

Correction before application is published

If a patent application has been assigned a projected publication date, the private side of PAIR can be used to submit corrections to the bibliographic information, instead of mailing in a request for a corrected filing receipt. The request for correction should be submitted more than twelve weeks before the application is published. In the private side of PAIR, the applicant should select the Publication Review button and then the Request Data Change button on the screen. The instructions will then appear with a data entry box in which the changes can be inserted. Once the change has been confirmed, the Transmit Request button should be selected and the information will be electronically sent to the USPTO. Applicant may only submit a request through PAIR to request correction of inventor information consistent with the inventor information reflected in the patent application file.

Note: Private PAIR is available to applicants who have a customer number associated with the correspondence address for an application and who have acquired the access software (Entrust Direct Software and a PKI certificate). To register with private PAIR, see uspto.gov/ebc/portal/infocustomernumber.htm

Correction after application is published

If a patent application publication has a USPTO error, the applicant can submit a request in writing which should include a copy of the patent application publication with the errors marked and identify the page and line number of the originally filed application where the information was correctly submitted. The request for correction to a patent application publication must be filed within two months from the date of the patent application publication. This period is not extendable.

Only errors that are material will be corrected. Examples of material errors are missing claims, missing pages of specification or missing pages of drawings. Errors in assignment information or missing assignment information, missing section headings or minor typographical errors will not be corrected by the USPTO.

Correction after patent is granted

When the printed patent does not correspond to the record in the USPTO, a certificate correcting a clerical error will be issued by the USPTO without any charge. These are mostly corrections of typographical errors made in printing. If the applicant makes the typographic error, a fee is charged for issuing a Certificate of Correction. Certificates of Correction are used to correct typographical errors and misspellings in patent grants and trademark registrations but cannot be used to add new matter. If the patentee wishes to disclaim one or more claims in his/her patent, a Disclaimer can be filed in the USPTO. If a patent is found to be defective in certain respects, the patentee can apply for a Reissue Patent. A reissue patent is issued to replace the original patent and is granted only for the balance of the unexpired period. New matter cannot be added in a reissue patent.