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

Frequently Asked Questions

What is a provisional patent application?

A provisional patent application is a document that you file with the Indian Patent Office to get a filing date for your invention. It does not protect your invention from being copied, but it does establish a priority date for your invention. This means that if someone else files a patent application on the same invention, your provisional application will have precedence.

What is the benefit of filing a provisional patent application?

The main benefit of filing a provisional patent application is that it gives you a priority date for your invention. This means that you can file a full patent application later and have the earlier filing date be used as the priority date.

What is the cost of filing a provisional patent application?

The cost of filing a provisional patent application in India is Rs.1,600/- for Individual or MSME and Rs.4,000/- for Non-MSME companies

What is the process for filing a provisional patent application?

The process for filing a provisional patent application is relatively simple. You will need to file a document called a “provisional specification” with the Indian Patent Office. After filing, you will receive a filing number. You should then print out the patent application form and send it to your attorney along with an ID of your invention, some drawings (if you have any), and an abstract. Your attorney will fill in all of the information on this form including whether or not your invention is an improvement over an existing product. Your attorney will also file a request for examination and pay the fees necessary to complete the patent application process.
What does it mean to “define” my invention?
When filing a provisional patent application, you need to define your invention in sufficient detail so that someone who was not familiar with it could understand what it is and how it works. This means that you should include a description of your invention, as well as any drawings or diagrams that may be helpful in understanding it.

What is an “abstract”?

An abstract is a brief summary of your invention that is included with your patent application. It should be no more than 200 words and should describe the invention in a way that is understandable to someone who is not familiar with it.

What is the process for filing a full patent application?

After you file your provisional patent application, you will have one year to file a full patent application. This application must include all of the information that was included in the provisional application, as well as an explanation of how your invention differs from any existing products. You will also need to pay the appropriate fees and submit a request for an examination.

Do I need an attorney to file a provisional patent application?

No, you do not need an attorney to file a provisional patent application. However, it is often helpful to have an attorney help you with the process. This is because there are many specific requirements that must be met in order for your application to be accepted by the Indian Patent Office. An attorney can help make sure that your application is complete and meets all of the necessary requirements.

In what other ways can an attorney help me?

In addition to filing a provisional patent application, your attorney can also file a full patent application for you and provide any additional services that may be helpful. This includes preparing your application for examination, helping you negotiate with the Indian Patent Office if there are any issues, and responding to any questions the examiner may have about your invention.