Sunday, January 01, 2012

Everyone Makes Mistakes; But the Patentee Has to Fix Them All



Everyone makes mistakes, but when a mistake occurs in a patent, regardless of who is at fault, the patent may not have full force and effect unless and until the patent is corrected. At first blush the Fig. 12 from U.S. Patent No. 8,075,302 might appear to be of a transparent device, but it is supposed to be "an exploded view of a preferred embodiment of the dispensing and mixing head showing the static mixer, the mixing block, seal plate, valving block, compound pin valves, O-rings, packing, valve actuating air cylinder, and associated connecting and mounting hardware." Furthermore the Figure in the patent is not the Figure that the applicant submitted. How the image disappeared is the Patent Office's problem, but the fact that it disappeared is the patentee's problem. The specification may be incomplete unless and until the patent is corrected, by reissue or a Certificate of Correction



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