United States:
Prosecution Pointer 271
08 April 2021
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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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.
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