§ 254. — Certificate of correction of Patent and Trademark Office mistake.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC254]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
Sec. 254. Certificate of correction of Patent and Trademark
Office mistake
Whenever a mistake in a patent, incurred through the fault of the
Patent and Trademark Office, is clearly disclosed by the records of the
Office, the Director may issue a certificate of correction stating the
fact and nature of such mistake, under seal, without charge, to be
recorded in the records of patents. A printed copy thereof shall be
attached to each printed copy of the patent, and such certificate shall
be considered as part of the original patent. Every such patent,
together with such 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. The Director may
issue a corrected patent without charge in lieu of and with like effect
as a certificate of correction.
(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
Based on Title 35, U.S.C., 1946 ed., Sec. 88 (Mar. 4, 1925, ch. 535,
Sec. 1, 43 Stat. 1268).
The last sentence of the present section is omitted as obsolete. A
sentence is added similar to a provision in the corresponding section in
the trade-mark law, 15 U.S.C., 1946 ed., Sec. 1057(f), and provides that
the Commissioner may issue a corrected patent instead of a certificate
of correction.
Amendments
2002--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'' in two places.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office'' in section catchline and text.
Effective Date of 1999 Amendment
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.
Effective Date of 1975 Amendment
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.
