A legal document that enforces all the rights of the invention, in favor of the inventor, is Patent. To make sure that everything is correct inside it is patent proofreading. A patent includes claims and all other important information that reserves the rights of the inventor. In no other way will an individual or business can make use of that invention without the inventor’s consent. Patent proofreading means to proofread or check for errors, from a very minute spelling mistake to an invalid specification. This is done in the complete patent application to avoid unfavorable consequences, such as application rejection, financial losses, etc.
The mistakes can be of any sort or any dimension, including all aspects covered inside the application. It can be in the form of grammar, spelling, formatting, claim dependency, drawing, jargon, genre, and illustration. Also, it can be in the mistake of claims with respect to the description. Well, according to following statements stated by the USPTO after reviewing a set of 1600 patents:
- 98% of the issued patents have mistakes
- 50% of them were made by USPTO
- 33% of mistakes need Certificate of Correction
- And, 2% of them were mistakes from the core sections of the application.
Let us suppose, you have submitted a patent application with finalized claims having mistakes. What will happen if some third party puts a question against its validity in the future? Or what will happen if the patent examiner finds these mistakes and refuses to proceed or wants the application to be abandoned? There are a lot more unfavorable possibilities that the inventor might have to face due to ignoring the importance of proofreading. Well, there is only one solution, which is to carefully proofread the whole application before submitting it.
This will identify inaccuracies in the specification that can affect the patent enforcement. Basically, this will facilitate error identification in the patent application draft, especially from the claims section.
Why is Patent Proofreading a fundamental step?
The following are the major reasons which make patent proofreading an essential step:
- It will identify mistakes related to core patent claims, thus protecting you from infringement cases.
- It will make the decision to file a Certificate of Corrections easier.
- It will facilitate the comparison of issued patent claims with “latest claim amendment filed” including “latest Examiner’s amendment”.
- It is an integral part of your prosecution process.
- It will cut your costs while simultaneously improving quality.
How we make it more precise?
Our team at Patent Drafting Catalyst (PDC), checks for the following mistakes in an application:
- Ensures that the prior art references on the first-page match against the ones present in the disclosure statement.
- Ensures that all the reference characters in the description are also present in the drawings
- Checks for all grammatical and spelling mistakes
- Identify applicant errors, particularly those that are (unintentionally) introduced while complying with office actions
- Identify and fix antecedent basis errors in claims
- Verify for the correctness of the Continuity and Bibliographic information of the patent for its consistencies
- Provide a feedback report to our clients stating all the mistakes and the possible remedies, along with the Certificate of Correction (CoC), if required.
Once the verification and validation of the complete application is done, we provide a feedback in terms of a report that includes a copy of an assembled patent, mistakes according to the level of severity, and also a certification of correction if requested.
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