What type of mistake can a Certificate of Correction address regarding inventorship?

A Certificate of Correction can effectively address clerical mistakes that are accompanied by proof of facts, making the option referencing clerical mistakes with evidence the correct choice. This mechanism allows for corrections to be made in the inventorship of a patent when there is a clear, demonstrable error. For example, if the wrong inventor's name has been listed due to a clerical mistake, the Certificate of Correction can be utilized to amend this error provided that supporting documentation is available to validate the claim of correction.

Certifications of Correction cannot simply make direct changes without the appropriate substantiation. There must be a basis in the record that justifies the amendment; thus, a direct change without proof is not permissible. Additionally, while clerical errors are certainly within the scope of what a Certificate of Correction can address, it must be highlighted that proof of the factual situation surrounding the correction is required—this distinguishes it from mere clerical errors that lack evidence. Lastly, new claim submissions are not accommodated under a Certificate of Correction; such submissions typically require a different formal procedure, such as the filing of a continuation or divisional application.