United States Code/Title 35/Chapter 25/Section 255
Section 255. Certificate of correction of applicant’s mistake
Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent and Trademark Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Director may, upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require re-examination. Such patent, together with the certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.
Source edit
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes edit
This section providing for the correction of minor clerical errors made by the applicant, is new and follows a similar provision in the trade-mark law, 15 U.S.C., 1946 ed., Sec. 1057(g).
Amendments edit
2002 edit
Pub. L. 107-273 made technical correction to directory language of Pub. L. 106-113. See 1999 Amendment note below.
1999 edit
Pub. L. 106-113, as amended by Pub. L. 107-273, substituted “Director” for “Commissioner”.
Effective Date of 1999 Amendment edit
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note under section 1 of this title.
1975 edit
Pub. L. 93-596 substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 1975 Amendment edit
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of Pub. L. 93-596, set out as a note under section 1111 of Title 15, Commerce and Trade.