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.
July 19, 1952, ch. 95066 Stat. 809Pub. L. 93–596, § 188 Stat. 1949Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906(, ; , , ; , , , 1501A–582; , , .)
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
Pub. L. 107–273Pub. L. 106–1132002— made technical correction to directory language of . See 1999 Amendment note below.
Pub. L. 106–113Pub. L. 107–2731999—, as amended by , substituted “Director” for “Commissioner”.
Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment 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
Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of Title 15Amendment by effective , see , set out as a note under , Commerce and Trade.