---
kind: "section"
citation: "37 C.F.R. § 1.322"
title: "37"
number: "1.322"
heading: "Certificate of correction of Office mistake."
url: "https://uscodex.org/cfr/37/1.322"
---

# §1.322. Certificate of correction of Office mistake.

- (a)
  - (1) The Director may issue a certificate of correction pursuant to [35 U.S.C. 254](/usc/35/254.md) 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)](#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)](/cfr/37/41.121.md?p=a-2), [§ 41.121(a)(3)](/cfr/37/41.121.md?p=a-3), or [§ 42.20](/cfr/37/42.20.md) 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)](/cfr/37/1.33.md?p=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.

## Notes

### Amendments

[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]

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[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]