patent drafting

Overview:

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.

Basics of patent drafting:

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.

Statutory Provisions: 

Section 10 of the Indian Patent Act lays down the guidelines to draft specification:

  1. The invention whether provisional or complete should describe the invention and subject matter of the invention.
  2. Drawings should be supplied to the controller for the purpose of specification and that will be deemed to be part of the specification, unless otherwise stated by the controller.
  3. If required by the controller, the application has to be further supplemented with a model or sample illustrating the invention and has to be filed before the grant of the patent, but this will not be considered as a part of the specification.
  4. The Section also explains the contents of complete specification. 
  5. The patent claim drafting should in particular describe the invention n and its usage guidelines.

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.

Provisional specification:

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.

Elements for Provisional Specification: 

  • Title of the proposed Invention.
  • Preamble, Description, and Field of the proposed invention.
  • Object and Scope of the proposed invention.

Benefits of Provisional 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.

  • Priority date for the Applicant.
  • Economical and more lucid as compared to Complete Specification.
  • Supplementary time for research.
  • To acquire a ‘Patent Pending’ tag.
  • Scope of abandoning the Patent if found to be inefficacious.
  • Secrecy and protection from third parties.

Complete specification

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.

Information required for Complete Specification Drafting

  • Title And Field Of Invention
  • Background – To Include Prior Art.
  • Summary Of Invention
  • Description Of The Invention, Including Experimental Results
  • Specific Embodiments, If Any
  • Abstract
  • Claims –To Disclose Points Of The Invention For Which The Protection Is Being Applied.
  • Diagram, Drawings, Models Or Chemical Formula Of The Invention