Patent drafting and filing in India is a technical skill. Patent claims are drafted in a way that the patent application will clearly describe the novelty feature, inventive step, and industrial application. A well-drafted patent application ensures that your patent invention is described in a brief and precise manner to help the inventor during the prosecution, grant, management, and maintenance stage.
A good patent draft should have the following fundamental information- background of the invention, specifications, patent claims, drawings, images, sketches and abstract of the patent. Patent drafting is majorly divided into – Provisional specification drafting and Complete specification drafting. Guidelines to draft the patent application and specification are laid down in the Indian Patent Act.
Note: The disclosure or the draft should disclose the best method of performing the invention which is known to the application or end with a clam defining the scope of the invention and shall be accompanied with an abstract to provide technical information.
A Provisional Patent Specification is a preliminary application before filing for the final patent. It elucidates the invention in a comprehensive manner but not completely. It is not mandatory but usually filed before the Application for complete specification.
The specification of the patent is published in the public domain once it is applied for a patent grant. Thus, it is pertinent to be cautious while drafting the claims and details without any ambiguity, including the language and structure constructed in the specification.
The provisional specification describes the invention explicitly but not with complete details. It shall be followed by the complete specification within one year from the date of filing of a provisional patent. Filing of provisional specifications for an invention is not mandatory under the patent act, but it has more benefits as follows.
The complete specification is a techno-legal document detailed with requisite information of functional, structural and technical aspects of the invention applied for protection. The Complete patent application which will be published and examined by the Indian Patent Office. The claims of patent specification are crucial and shall be filed in prescribed format to qualify for patent grant.