
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 35USC254]

 
                            TITLE 35--PATENTS
 
            PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
 
             CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
 
Sec. 254. Certificate of correction of Patent and Trademark 
        Office mistake
        
    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.

(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.)


                      Historical and Revision Notes

    Based on Title 35, U.S.C., 1946 ed., Sec. 88 (Mar. 4, 1925, ch. 535, 
Sec. 1, 43 Stat. 1268).
    The last sentence of the present section is omitted as obsolete. A 
sentence is added similar to a provision in the corresponding section in 
the trade-mark law, 15 U.S.C., 1946 ed., Sec. 1057(f), and provides that 
the Commissioner may issue a corrected patent instead of a certificate 
of correction.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
in two places.
    1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for 
``Patent Office'' in section catchline and text.


                    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.
