A patent is enforceable as it is granted. According to the new
research, almost 90% of the patents issued by USPTO contain at
least one mistake.
It is crucial for assignees to proofread patents to identify all
the PTO/applicant errors in a patent and ensure that these errors
are not detrimental to patent's enforceability. Proofreading is
an important last step in the process of obtaining a patent. The
errors can be of any type minor or major and in any section i.e.
Face Page, Drawings, Specification and Claims. Patent claims are
determinative of patent value as it defines the scope of the
invention. It is very important to catch all the errors in the
defective issued patent, which if left uncorrected, can lead to
major risks. It not only affects the quality of the issued patent
but there are numerous examples of missing proofreading quality
controls that have resulted in disastrous damages. Therefore, many
hours must be spent fastidiously reviewing or proofreading Issued
Types of Mistakes:
Errors in patents are of two types:
PTO (Patent Office) Errors: These are the kinds of errors that
are induced by the Patent Offices and are identified by a detailed
comparison of the File Wrapper with the Issued Patent.
Client Errors: These are applicant induced errors which can
creep into a patent during drafting and/or prosecution stage, for
example, grammatical, spelling, punctuation, duplicity of
paragraphs, wrong referral numerals which may be not visible at the
time of electronic comparison.
Our Comprehensive Proofreading Process:
Our well-versed staff and experienced professionals can provide
you patent proofreading service to identify all the errors and
omissions which are being made before they become an issue. The
process of our Proofreading takes into account all the office
actions, amendments and other changes made to the application post
filing. Our team members run thorough manual as well as automated
checks simultaneously to ensure that a patent is free of any
errors. The three stages of quality control and quality assurance
processes and methodologies leverage our deep industry experience
and will provide the highest quality and the most cost-effective
patent proofreading services.
Some of the startup steps followed by our team are as
Compare the issued patent's front page (Bibliographic
information) with the prosecution history (File
Wrapper). Checking of each and every page of browsing history
to assure that the information incorporated in the issued patent
To ensure that the correct latest drawings appear in the Issued
Patent, all the replacement sheets are treated as final.
A Comparison of each paragraph of the 'Specification as
issued' and the 'Specification as filed', to confirm
that all Specification Amendments during prosecution are included
in the issued patent.
Comparison of issued patent claims with the latest claims and
examiner's amendments. Checking the incorporation of every
claim according to the renumbering presented in the prosecution
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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