certificate of correction : CAFC Alert

When inventors are wrong, a certificate of correction can set things right—if the specification is robust

| January 7, 2016

Cubist Pharmaceuticals, Inc. v. Hospira, Inc.

November 12, 2015

Precedential Opinion by Bryson, joined by Wallace and Hughes


In prosecution of a claim reciting an antibiotic, a certificate of correction to correct an error in a structural diagram of the antibiotic was not invalid. This was because the specification adequately described the intended subject matter, and it was clear to those skilled in the art that the inventors were in possession of the corrected structure. As such, the certificate of correction did not alter the scope of the claims.

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