Putting A Collar On Clerical Errors

Originally published in Blakes Bulletin in Intellectual Property - Special Patent Issue, September 2006

Pason Systems Corp. v. The Commissioner of Patents and Varco, L.P.

There have been cases where patentees have sought judicial review of the Commissioner of Patents’ refusal to correct clerical errors. Prior to this case, however, there was no precedent for a third party challenge to a decision made by the Commissioner pertaining to the correction of clerical errors in a patent document. This decision may particularly limit the ability of patentees to amend clerical errors in patents when the patents are the subject of ongoing litigation.