Punctuation Pitfalls: Commas And Periods Kill Patents

A recent article, "The commas that cost companies millions", highlighted the importance of using proper punctuation in contracts and laws. The article provided examples of punctuation mishaps throughout history, including a $5 million payment for overtime pay to employees due to a missing comma in a statute, and on the flipside, an 1872 American tariff law with an unwanted comma, which cost taxpayers nearly $2 million.

The misuse of punctuation often affects clarity in writing and can have significant consequences. This is especially true with the drafting of U.S. patent applications, where the improper use of punctuation can be destructive to patent owners during litigation.

Several Federal Circuit cases address misplaced punctuation, demonstrating that careless editing and misuse of punctuation can destroy U.S. patent claims. Cases discussed below provide examples of ways, in which punctuation errors can harm patent owners. This blog post highlights the