Correction of Patents

Once the patent is granted, it is outside the jurisdiction of the Patent

and Trademark Office except in a few respects. The Office may issue

without charge a certificate correcting a clerical error it has made in

the patent when the printed patent does not correspond to the record in

the Office. These are mostly corrections of typographical errors made in

printing. Some minor errors of a typographical nature made by the

applicant may be corrected by a certificate of correction for which a

fee is required. The patentee may disclaim one or more claims of his/her

patent by filing in the Office a disclaimer as provided by the statute.

When the patent is defective in certain respects, the law provides that

the patentee may apply for a reissue patent. This is a patent granted to

replace the original and is granted only for the balance of the

unexpired term. However, the nature of the changes that can be made by

means of the reissue are rather limited; new matter cannot be added.

Any person may file a request for reexamination of a patent, along with

the required fee, on the basis of prior art consisting of patents or

printed publications. At the conclusion of the reexamination

proceedings, a certificate setting forth the results of the

reexamination proceeding is issued.

Patents and How to Get One: A Practical Handbook · 第 33 / 44 题