Third parties do not have standing to demand the USPTO issue or refuse to issue a Certificate of Correction. See Hallmark Card, Inc. v. Lehman, 959 F. Supp. 539, 543-44, 42 USPQ2d 1134, 1138 (D.D.C. 1997). The USPTO is, however, cognizant of the need for the public to have correct information about published patents and may therefore accept information about mistakes in patents from third parties and may issue certificates of correction based upon that information.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.