Patent claims play a significant role in the application as it defines a boundary which protects the stated claims of the invention. So, it is must to draft patent claim with appropriate legal and technical knowledge. As the claim is one of the major parameters it is must for you to know- how the proofreading of patent claims is important.
Proofreading of Patent Claims: Importance
Even a minute mistake in the claims of your patent can waste your money and efforts. So, let’s discuss here the necessity of proofreading of patent claims before final submission:
To ensure no infringement & copyrights cases are missing
“Marksman Hearing” plays a major role in this as it ensures the scope of the invention and patent claim meaning. District court local rules control the hearing to make sure that claims are drafted as per the laws of “claim construction.” Also, the court holds the authority to examine the potential patent infringements.
In order to prove infringement, the owner of the patent must have proof of adherence of patent claims to the laws. Ensuring no infringement is found is indispensable as then further application processing can be done.
To Confirm Optional & Primary Function of the Invention
The patent claim must cover the entire important and optional invention feature on the basis of the protection type requested by the applicant. Additionally, it should incorporate the target audience, exiled institutions, and the people may dodge the laws. The target audience may include patent counsel, inventor, licensee, patent examiner and many more. So, during proofreading of patent claims, the chance of missing out any optional and primary invention functions goes down.
To ensure claim coverage
Considering existing prior art you need to draft your patent application broadly or narrowly. Moreover, inventor request for protection type must be incorporated. The applicant can discuss to an experienced patent attorney on how he/she can extend the claim coverage to avail maximum protection rights if required. But, it must be ensured that a patent claim is not too comprehensive and is adhering to the area of invention.
To prevent legal and language cases
During claim drafting, it is important to present it in a comprehensive manner with complete detailed and relevant data. In art patents language is an important parameter as close attention is given to meaning recognition, scope sensitivity, etc. during the examination.
Hence, lines framing must be in a way that it shows the desired meaning of the applicant.
So, a drafter should not only consider infringements carefully but also draft an appropriate application incorporating all legal aspects and technicality.
To prevent rejection of patent application
A good patent claim defines legal rights during a patent grant. Each comprehensive specification of patent ought to end with the claim defining the scope of the patent as per the Patent Act, 1970 §10(4). No matter, the type of patent application, the applicant gets information from examiner only after the issuance of the office action. Majorly, an applicant receives office action after the examination process.
However, the four major replies an applicant can get in office action is ‘Fix,’ ‘Amend,’ or ‘Try and Make’ i.e.’ FOAM.’ The patent applicant needs to make the corrections specified by the examiner in the office action or he/she can oppose the action by proving their work correct.
How we can help you?
We, at the Patent Proofreading Company, serve world class and accurate patent proofreading solution to our clients. Our team of fully skilled and professional proof-readers delivers effective patent proofreading solutions. The experts use high-end software tools to provide our clients with comprehensive reports highlighting errors, discrepancies along with corrected suggestions. Additionally, we offer a “Certificate of Correction” if required.