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35 U.S.C. § 255 — Certificate of correction of applicant’s mistake

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 111 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director can fix small clerical or typing mistakes in a patent. The mistake must not be the Patent Office's fault, and must have happened in good faith. The fix can't add new material or require re-examining the patent.

If a patent contains a mistake that is clerical, typographical, or otherwise minor — and that mistake was not the Patent and Trademark Office's fault — the Director may issue a "certificate of correction" to fix it. The applicant must pay the required fee and show that the mistake happened in good faith. The Director cannot use this process if the fix would add new matter to the patent or would require re-examining it. Once corrected, the patent and its certificate are treated, for any future court case, exactly as if the patent had originally been issued in its corrected form.
the actual law source: uscode.house.gov ↗public domain

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.

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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