APRIL 2008
How to avoid patent prosecution errors
Mistakes made in the patent drafting process can come back to haunt litigants in the court room. Martin Sulsky and Raj S Davé explain how to avoid common drafting errors
| One-minute read |
| While to err is human, mistakes made during the patent prosecution process can have long-lasting – and expensive – consequences for litigants. Unfortunately for patent owners, several recent decisions from the US Court of Appeals for the Federal Circuit suggest that judges are not willing to overlook – or forgive – drafting mistakes easily. In this article, Raj Davé and Martin Sulsky explain how the Federal Circuit has dealt with patent prosecution errors in the litigation process and provide a valuable guide to getting it right first time. |
Patentees often fall into some common traps when prosecuting a patent. These mistakes can come back to haunt a patent holder during the litigation process, and recent case law indicates that the Court of Appeals for the Federal Circuit (CAFC) has little sympathy for such errors. However, by identifying some of the most common prosecution pitfalls and outlining strategies to avoid them, patentees can steer clear of litigation headaches with relative ease.
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