37 CFR §1.322

1. (a)
   1. (1)The Director may issue a certificate of correction pursuant to 35 U.S.C. 254 to correct a mistake in a patent, incurred through the fault of the Office, which mistake is clearly disclosed in the records of the Office:
      1. (i)At the request of the patentee or the patentee's assignee;
      2. (ii)Acting sua sponte for mistakes that the Office discovers; or
      3. (iii)Acting on information about a mistake supplied by a third party.
   2. (2)
      1. (i)There is no obligation on the Office to act on or respond to a submission of information or request to issue a certificate of correction by a third party under paragraph (a)(1)(iii) of this section.
      2. (ii)Papers submitted by a third party under this section will not be made of record in the file that they relate to nor be retained by the Office.
   3. (3)If the request relates to a patent involved in an interference or trial before the Patent Trial and Appeal Board, the request must comply with the requirements of this section and be accompanied by a motion under § 41.121(a)(2), § 41.121(a)(3), or § 42.20 of this title.
   4. (4)The Office will not issue a certificate of correction under this section without first notifying the patentee (including any assignee of record) at the correspondence address of record as specified in § 1.33(a) and affording the patentee or an assignee an opportunity to be heard.
2. (b)If the nature of the mistake on the part of the Office is such that a certificate of correction is deemed inappropriate in form, the Director may issue a corrected patent in lieu thereof as a more appropriate form for certificate of correction, without expense to the patentee.