{"data":{"id":"us/37-cfr-1.322","jurisdiction":"us","citation":"37 CFR 1.322","heading":"Certificate of correction of Office mistake.","body":"(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:\n(i) At the request of the patentee or the patentee's assignee;\n(ii) Acting sua sponte for mistakes that the Office discovers; or\n(iii) Acting on information about a mistake supplied by a third party.\n(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.\n(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.\n(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.\n(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.\n(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.","path":["Title 37—Patents, Trademarks, and Copyrights","CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE","SUBCHAPTER A—GENERAL","PART 1—RULES OF PRACTICE IN PATENT CASES","Subpart B—National Processing Provisions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-37.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:45Z","sha256":"b5a7071de999b935d15636e857b527b529ab557819009dc39a01a680f0db8724","source_id":"us-cfr","stale":true,"prev":"us/37-cfr-1.321","next":"us/37-cfr-1.323"},"notice":"GroundRules: Original legal text. Not legal advice."}