35 USC § 255 - Certificate of correction of applicant’s mistake

---
identifier: "/us/usc/t35/s255"
source: "usc"
legal_status: "official_legal_evidence"
title: "35 USC § 255 - Certificate of correction of applicant’s mistake"
title_number: 35
title_name: "PATENTS"
section_number: "255"
section_name: "Certificate of correction of applicant’s mistake"
chapter_number: 25
chapter_name: "AMENDMENT AND CORRECTION OF PATENTS"
part_number: "III"
part_name: "PATENTS AND PROTECTION OF PATENT RIGHTS"
positive_law: true
currency: "119-84"
last_updated: "2025-12-12"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


# § 255. Certificate of correction of applicant’s mistake

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.

---

**Source Credit**: (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

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— made technical correction to directory language of . See 1999 Amendment note below.

1999—, as amended by , substituted “Director” for “Commissioner”.

1975— substituted “Patent and Trademark Office” for “Patent Office”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1999 Amendment

Amendment by  effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

### Effective Date of 1975 Amendment

Amendment by  effective , see , set out as a note under , Commerce and Trade.