§ 255. — Certificate of correction of applicant's 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: 35USC255]
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
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, 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
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
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''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
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.
Section Referred to in Other Sections
This section is referred to in section 41 of this title.
