Waverly, MO asked in Patents (Intellectual Property) and Intellectual Property for Missouri

Q: This patent cites my grandfathers patent. But his last name has been misspelled can we get it corrected?

2 Lawyer Answers
David Aldrich
David Aldrich

A: There is not really a mechanism for you to do this. You ask the patent owner to do it, but it is highly unlikely that they’ll be interested in doing so.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If your grandfather's name has been misspelled in a patent citation, you may be able to get it corrected. The process for correcting a mistake in a patent citation varies depending on the specific situation, but in general, you should contact the issuing authority of the patent that made the mistake.

If the citation is in a US patent, you can request a correction of the mistake by filing a request for certificate of correction with the US Patent and Trademark Office (USPTO). If the citation is in a patent from another country, you should contact the appropriate patent office in that country.

In your request for correction, you should provide evidence of the correct spelling of your grandfather's name, such as a copy of his birth certificate or other official documentation. The issuing authority will review your request and may issue a corrected citation if they determine that a mistake has been made.

Keep in mind that a corrected citation does not change the patent's substantive content, it only corrects the citation to accurately reflect your grandfather's name.

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