Complete Scrutiny Of Patent And Patent Applications
Patent proofreading involves complete scrutiny of patent and patent applications. A significant percentage of issued patent have errors which had occurred during the drafting or prosecution stage. These errors might limit the scope of the patent or lead to its revocation post grant.
Although a laborious task, it is crucial to proofread patent applications to identify discrepancies in patents such as missing antecedent references, incorrect status indicators, and inconsistent numbering of claims, incorrect names of inventors, attorneys or assignees, spelling mistakes, or any preliminary amendments during the prosecution stage. The errors in the priority information might lead to serious repercussions which may even result in abandonment of a patent.
The proofreading process involves technical and legal understanding of the patent application. Our team performs a detailed analysis of the prosecution history of the patent document to locate errors that are made either by the applicant or patent office.
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Since the USPTO does not provide applicants with a copy of the patent text before final printing, errors that appear in the published patent are generally flagged using a Certificate of Correction that is appended to the published patent. MaxVal has developed and follows seven best practices which include:
- Ensure that Examiner amendments are reviewed.
- Identify PTO errors introduced by transliteration of the IFW version of patent claims/description.
- Identify applicant errors, particularly those that are (unintentionally) introduced while complying with office actions.
- Identify and fix antecedent basis errors in claims.
- Include “suggestions” for remedying/correcting errors if applicable. In cases where we identify an issue that is not a clear error, flag with explanation of potential error.
- Identify whether the Continuity and Bibliographic information of the patent has errors or inconsistencies.
- Provide an EFS-ready form to the client based on USPTO guidelines for the issuance of a Certificate of Correction (CoC).
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What do we need from you?
- Technology or product description.
- A clear definition of the features or sub-components that require clearance.
- Novel structure, compounds and/or compositions.
- Scope of the search.
- List of known competitors practicing in that area of technology (if possible).