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June 1, 2023
John Rizvi, Esq.

Every Letter of a Patent Application Counts

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Hi, I'm John Rizvi, the patent professor, the language used in a patent application is important. In fact, the specific language used to describe an invention is the engine that drives the train of the patent application to its final destination, a granted patent. But did you know that a single letter out of place can derail your patent application? Yes, One wrong word could change everything. According to patent law, a typographical error can be corrected without damaging the patent, unless the typo would substantially change the scope or standards under which the patent is submitted. If this is the case, the patent could be found to be invalid, because the terminology used in the claims does not support the intent of the inventor. When we think of typos, we might think they are no big deal. But in patent law, every letter of every word counts. In 2007, two pharmaceutical companies went to court over a patent infringement claim. One company had used the word osmolarity, which means the concentration of total particles per liter, when what was really meant was osmolality, which means the concentration of total particles per kilogram, the company defending requested a certificate of correction from the patent office, but the Federal Circuit denied the certificate. Because the difference in vocabulary meant that the corrected claim covered something different than the original claim. It seems like a small simple error, but now we see how the difference between an L and they are cost one company a fortune and their patent. There is no substitute for having your patent application drafted by an attorney who understands the specialized vocabulary of the patents niche. I'm John Rizvi, the patent professor, and I can help you prevent small errors from derailing your patent so you get the credit and financial reward you deserve for your hard work and innovation.

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At the law offices of John Rizvi, P.A. - The Idea Attorneys®, we have dedicated our practice exclusively to securing and preserving the intellectual property rights of our clients, including patent, trademark, copyright, trade secret, unfair competition, and franchising matters.
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