37 CFR 1.322
Certificate of correction of Office mistake.
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in November, 2005. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);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:
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).
(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, the request must comply with the requirements of this section and be accompanied by a motion under § 41.121(a)(2) or § 41.121(a)(3) 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.