Supreme Court: Conditionally Allowing Patentee To Correct Claim Drafting Errors

[Abstract]

It is possible that a few drafting errors still exist in a granted claim due to drafting or examination carelessness, which may cause interested parties to understand the claim controversially in a post-grant proceeding. A recent Supreme Court decision shows that correction of the drafting errors can be allowed with conditions:

If a claim phrase in an invention or utility model patent is obviously wrong in expression, but people skilled in the art can find its unique correct explanation clearly, directly and without any doubt in accordance with the disclosure of its specification, the explanation can be used to define the claim's scope.

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