Title 35 — PatentsRelease 119-73
§255 Certificate of correction of applicant’s mistake
Title 35 › Part PART III— - PATENTS AND PROTECTION OF PATENT RIGHTS › Chapter CHAPTER 25— - AMENDMENT AND CORRECTION OF PATENTS › § 255
Summary
The Director may fix minor clerical or typographical mistakes in a patent not caused by the PTO if in good faith and fee paid, provided the change adds no new matter and needs no re‑examination; the corrected patent is treated as if originally issued that way.
Full Legal Text
Title 35, §255
Patents — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
This section providing for the correction of minor clerical errors made by the applicant, is new and follows a similar provision in the trade-mark law, 15 U.S.C., 1946 ed., § 1057(g).
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”. 1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
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. § 255
Title 35 — Patents
Last Updated
Apr 6, 2026
Release point: 119-73