1411.01 Certificate of Correction or Disclaimer in Original Patent [R-08.2012]
The applicant should include any changes, additions, or deletions that were made by a certificate of correction to the original patent grant in the reissue application without underlining or bracketing. This includes changes made by a certification of correction dated before the filing of the reissue application or dated during the pendency of the reissue application. The examiner should make certain that all certificate of correction changes in the patent have been properly incorporated into the reissue application.
Certificate of correction changes and disclaimer of claim(s) under 37 CFR 1.321(a) should be made without using underlining or brackets. Because these are retroactively a part of the original patent and are made before the reissue application will issue as a patent, they must show up in the printed reissue patent document as part of the original patent, i.e., not in italics or bracketed. If the changes are submitted improperly with underlining and brackets, the examiner will require correction by the applicant in the form of a replacement paragraph (or paragraphs) without such markings. If the changes are extensive, a clean copy of the specification with the certificate of correction changes in it may be required by the examiner after consulting with their supervisor. For the clean copy of the specification to be entered as a substitute specification, the reissue applicant must file a grantable petition under 37 CFR 1.183 for waiver of 37 CFR 1.125(d) and 37 CFR 1.173(a)(1). The examiner’s requirement for the clean copy will generally serve as sufficient basis for granting the petition.