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.
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. 809Pub. 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.District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501
Amended · 35 U.S.C. § 255
Pub. L. 106–113, as amended by Pub. L. 107–273
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.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
- 1952July 19, 1952, ch. 950, 66 Stat. 809
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
- 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], , 113 Stat. 1536, 1501A–582
- 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.)