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Title 35 — PatentsRelease 119-73

§254 Certificate of correction of Patent and Trademark Office mistake

Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 25— - AMENDMENT AND CORRECTION OF PATENTS › § 254

Last updated Apr 6, 2026|Official source

Summary

If the Patent and Trademark Office clearly made an error in a patent record, the Director can issue an official correction free of charge and add it to the patent file. A printed copy of that correction will be attached to each paper copy of the patent and is treated as part of the original patent. For any future lawsuits, the patent with the correction counts the same as if it had been issued that way at the start. The Director can also issue a new corrected patent, also free, that has the same effect.

Full Legal Text

Title 35, §254

Patents — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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.

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

35 U.S.C. § 254

Title 35 — Patents

Last Updated

Apr 6, 2026

Release point: 119-73