§ 254. Certificate of correction of Patent and Trademark Office mistake
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/usc/title-35/section-254A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
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- July 19, 1952, ch. 950
- 66 Stat. 809
- Pub. L. 93–596, § 1
- 88 Stat. 1949
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
- 113 Stat. 1536
- Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)
- 116 Stat. 1906
- Mar. 4, 1925, ch. 535, § 1
- 43 Stat. 1268
- Pub. L. 107–273
- Pub. L. 106–113
- Pub. L. 93–596
- section 4 of Pub. L. 93–596
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§ 254
Certificate of correction of Patent and Trademark Office mistake
Fed. Reg.×22
C.F.R.×2
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 809
Pub. L.Pub. L. 93–596, § 1
Stat.88 Stat. 1949
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
Cites 16 · showing 7Cited by 24 across 2 sources