35 U.S.C. § 254 — Certificate of correction of Patent and (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 254 Certificate of correction of Patent and
This page consolidates MPEP guidance interpreting 35 U.S.C. § 254, including 24 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section outlines the process by which the Director may issue certificates of correction to address patent errors resulting from office mistakes, ensuring compliance with USC and CFR regulations.
What this section covers
- Defines that this section addresses corrections made by the Director due to office mistakes.
- Identifies that it covers situations where a patent contains an error resulting from the Patent and Trademark Office's fault.
Key obligations
- States that the Director may issue a certificate of correction when an office mistake is clearly disclosed.
- States that the certificate must be based on records showing a clear office mistake.
- States that compliance with USC and CFR regulations is required for the certificate to be valid.
Practice notes
- Advises practitioners to ensure all evidence of the office mistake is thoroughly documented before requesting a certificate.
- Warns against submitting certificates without clear evidence of an office mistake, as it may lead to rejection.
Official MPEP § 254 — Certificate of correction of Patent and
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 254 Certificate of correction of Patent and Trademark Office mistake.
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.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
- Fees
- Patent Term
-
-
- Reissue Claims
- Reissue Concurrent Proceedings
- Reissue Examination
- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
|---|---|
| MPEP § 1480 | |
| MPEP § 1481.02 | |
| MPEP § 2303.02 | |
| MPEP § 2733 | |
| MPEP § 901.04 |