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1400.01 Introduction [R-08.2017]

A patent may be corrected or amended in eight ways, namely by:

  • (1) reissue,
  • (2) the issuance of a certificate of correction which becomes a part of the patent,
  • (3) disclaimer,
  • (4) reexamination,
  • (5) supplemental examination,
  • (6) inter partes review,
  • (7) post grant review, and
  • (8) covered business method review.

The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents-application-process/appealing-patent- decisions/resources/board-trial-rules-and-practice.

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Last Modified: 01/24/2018 17:18:49