35 U.S.C. § 254 — Certificate of correction of Patent and Trademark Office mistake

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 137 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Patent and Trademark Office made a mistake in a patent, and the records clearly show it, the Director can issue a free certificate of correction. That certificate becomes part of the original patent. The Director can also issue a whole corrected patent instead, also free of charge.

Whenever a patent contains a mistake that's the Patent and Trademark Office's own fault, and the Office's records clearly show it, the Director can issue a certificate of correction — under seal, at no charge — stating what the mistake was and its nature, to be recorded with the patent records. A printed copy gets attached to every printed copy of the patent, and the certificate then counts as part of the original patent. From then on, that patent together with its certificate has the same legal effect, in any later lawsuit, as if it had been issued correctly from the start. Instead of a certificate, the Director can issue a whole corrected patent at no charge, with the same effect.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (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.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 809
1975Amended · Pub. L. 93-596 · 88 Stat. 1949
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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