35-U.S.C.-254

35-U.S.C.-254

§254 – Certificate of Correction of Patent and Trademark office Mistake

Pathway

Title 35 > Part III > Chapter 25 > Section 254

Details

  • Reference: Section 254
  • Legend: §254 – Certificate of Correction of Patent and Trademark office Mistake
  • USCode Year: 2013

Provision Content

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, §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.)

Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., §88 (Mar. 4, 1925, ch. 535, §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., §1057(f), and provides that the Commissioner may issue a corrected patent instead of a certificate of correction.

Amendments

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 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, §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.

U.S. Encyclopedia of Law Coverage

35-U.S.C.-212 in the Legal Encyclopedia: Patents

In this entry about 35-U.S.C.-212, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.

Title 35 – Patents in the Legal Encyclopedia: Rights

In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States rights-specific issues, written by authorities in the field.

35-U.S.C.-251 in the Legal Encyclopedia: Protection

In this entry about 35-U.S.C.-251, find legal reference material, bibliographies and premiere content related to protection in the American Encyclopedia of Law, presenting a comprehensive view of the United States protection-specific issues, written by authorities in the field.

Title 35 – Patents in the Legal Encyclopedia: Patent Rights

In this entry about Title 35 – Patents, find legal reference material, bibliographies and premiere content related to patent rights in the American Encyclopedia of Law, presenting a comprehensive view of the United States patent rights-specific issues, written by authorities in the field.

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