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Title 35 — Patents

Part III · Chapter 25 — Amendment and Correction of Patents

§ 255. Certificate of correction of applicant’s mistake

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. July 19, 1952, ch. 950, 66 Stat. 809 · 66 Stat. 809

    Enacted · 35 U.S.C. § 255

    July 19, 1952, ch. 950, 66 Stat. 809

    Source evidence

    Code source credit
    July 19, 1952, ch. 950, 66 Stat. 809

  2. Pub. L. 93–596 § 1 · 88 Stat. 1949

    Substituted · 35 U.S.C. § 255

    Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”

    Source evidence

    Code amendment note
    Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

    Enacted provision · exact public law section
    Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.

  3. District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

    1. Amended · 35 U.S.C. § 255

      Pub. L. 106–113, as amended by Pub. L. 107–273

    2. Substituted · 35 U.S.C. § 255

      Pub. L. 106–113, as substituted “Director” for “Commissioner”

    Source evidence

    Code amendment note
    Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner”.

    Effective date note
    Amendment 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.

  4. Intellectual Property and High Technology Technical Amendments Act of 2002

    Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

    Changed · 35 U.S.C. § 255

    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

    Enacted provision · exact public law section
    (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

2 of 5 references resolved to an enrolled provision · 3 partial

Notes

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).

Editorial Notes

Amendments1975–2002 · 3 rounds

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after , 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 Amendment

Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.

Credits

1952–2002 · 4 acts
  1. 1952July 19, 1952, ch. 950, 66 Stat. 809
  2. 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
  3. 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
  4. 2002Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.
Show as published

(July 19, 1952, ch. 950, 66 Stat. 809; Pub. L. 93–596, § 1, , 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), , 116 Stat. 1906.)

Parsed from the official OLRC USLM XML in data/usc_all/usc35.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t35/s255