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Errors and defects in a patent can threaten its validity and make it wholly or partly inoperative. In such cases, a patent holder must file a reissue application to correct defects and ensure ongoing patent protection.

The USPTO’s Manual of Patent Examining Procedure (MPEP) states that a patent holder can file a reissue application “to correct an error in the patent, where, as a result of the error, the patent is deemed wholly or partly inoperative or invalid. An error in the patent arises out of an error in conduct which was made in the preparation and/or prosecution of the application which became the patent.”

Adding to the above complexity, studies show that almost 98% of U.S. patent applications have at least one mistake, and nearly half of these mistakes are made by examiners at the United States Patent and Trademark Office (USPTO) during the prosecution stage. The most common errors are changes made to the claims, specification, or drawings that were not reflected in the final document.

The Risks of Patent Translation Errors

A 2013 study by for the Steinbeis-Transfer-Insitute in Germany surveyed patent professionals about the risks of patent translation errors.  Over 81% of those surveyed, admitted to encountering such errors in their work.

The study highlighted two main consequences: cost and enforceability issues.

Cost considerations included expending additional time and resources to correct translation errors. In terms of enforceability, inaccurate translations can limit the legal scope of a patent, making it difficult or impossible to defend against infringement.

“Over a quarter of respondents reported significant harm to patent applications due to translation errors.”

Over a quarter of respondents reported significant harm to patent applications due to translation errors. More than half viewed these errors as a serious threat to their international patent portfolios. The study underlines the importance of accurate patent translations to avoid these costly and damaging consequences.

In 2021, over 23,000 Certificates of Correction were filed to fix patent errors. However, you don’t need to join them. Welocalize’s highly trained, local teams offer accurate translation services to help identify errors that affect patentability, so you don’t have to reckon with the time and financial cost of fixing any mistakes.