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The award of patent largely depends on well drafting of the patent application. Patent proofreading is a method to check all the major and minor errors to rectify and create an accurate patent draft. A drafter can make mistakes at any point while preparing the draft. The major parts include the invention description, drawings, and claims. Also, errors can take any form; this includes grammatical errors, incorrect figure or drawing, typographical error and/or incorrect claim numbering. Therefore, patent proofreading falls at the final stage after preparing the draft. Since we perform proofreading after complete draft preparation.
Errors however minor can affect the enforceability of the patent. Moreover, it is only on the applicant to rectify all the errors made by the applicant and the PTO. Hence, you as an applicant or with the help of patent proofreading paralegals should thoroughly proofread your draft before moving further.
Patent Proofreading: Why is it so significant?
The success of patent grant depends on the quality of the patent application. The major significance is to extract out the errors and prepare a filtered and accurate draft. It majorly helps in:
- Reducing office actions and timely patent grant: drafting of patent specifications determine the enforceability of the patent. Hence, always consider drafting patent specifications accurately, this will make the application sail smoothly through the process of prosecution.
37 CFR 1.323 relates to the issuance of a certificate of correction for the correction of errors which were not the fault of the Office. But, there are some mistakes in a patent application which are not correctable by a certificate of correction. There is a possibility of their correction via filing a reissue application.
A reissue application is the same as the original application. Also, it complies with all the rules and requirements of the rules relating to a reissue application. For patent applications filed before September 15, 2012, follow rules as per 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73. For current provisions follow 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73.
Common reasons for reissue applications are-
- Too broad or too narrow patent claims;
- Incorrectness in information disclosure;
- If the applicant fails to or incorrectly claims foreign priority;
- When an applicant fails to refer or incorrectly refers to any prior co-pending application
- Saving patent application from complete rejection: mistakes made while drafting the claims can lead to a complete rejection of the patent application. Moreover, mistakes can delimit the scope of the claims. On the other hand, vague and incomplete specifications change the meaning that the invention conveys.
Note: Even if proofreading is a laborious task, but is very much vital to acquire a patent for your invention. Also, it requires technical and legal understanding at the end of the proofreader for detailed and reliable proofreading of the draft.
Also Read: US Patent Proofreading – with USPTO Best Practices
Essential Elements to Consider while Patent Proofreading:
These are some of the basic yet important sections that make up a patent application. Also, these points are subject to examination by the examiner at the patent office. Do consider them while drafting a patent application.
| S. No. | Element Name | Description |
| 1 | Inventor’s Information | Inspection of the inventor’s and/or applicant’s information before filing the patent application.
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| 2 | Claim Construction | Claims define what we are seeking a patent claim for and proofreading helps to remove ambiguity so that it doesn’t hamper the scope of the claims.
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| 3 | Grammatical Errors | Proofreading removes the grammatical errors. Furthermore, it makes the meaning of sentences more clear so that the draft conveys the information that it wants to convey.
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| 4 | Patent Drawings | Proofreading of patent drawings helps to sort the complex explanation of the drawings.
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| 5 | Technicality | To prevent hampering the technicalities of the invention requires thorough proofreading of the patent draft. |
Also Read: Why You Should Not Avoid Patent Proofreading While Filing Patent Applications? to learn why patent proofreading is unavoidable.
What do we bring?
Our professional proofreaders leverage the enforceability of your patent draft by identifying the errors of omission and commission. We provide a comprehensive report that identifies the errors and also the correction suggestions and a Certificate of Correction (if required). Our most trusted professionals perform a multi-step quality check and ensure quality assurance and 100% data security and confidentiality. To know more about services, do visit the Patent Drafting Catalyst.
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