2017 US Code
Title 35 - Patents
Part III - Patents and Protection of Patent Rights
Chapter 25 - Amendment and Correction of Patents
Sec. 255 - Certificate of correction of applicant's mistake
35 U.S.C. § 255 (2017) |
§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. |
(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.) |
HISTORICAL AND REVISION NOTES
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., §1057(g). AMENDMENTS2002—Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below. 1999—Pub. L. 106–113, as amended by Pub. L. 107–273, substituted "Director" for "Commissioner". 1975—Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office". EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1975 AMENDMENTAmendment 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. |
United States Code, 2012 Edition, Supplement 5, Title 35 - PATENTS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 35 - PATENTS PART III - PATENTS AND PROTECTION OF PATENT RIGHTS CHAPTER 25 - AMENDMENT AND CORRECTION OF PATENTS Sec. 255 - Certificate of correction of applicant's mistake |
section 255 |
2017 |
January 12, 2018 |
Yes |
standard |
66 Stat. 809 88 Stat. 1949 113 Stat. 1536 116 Stat. 1906 |
Public Law 93-596, Public Law 106-113, Public Law 107-273 |