What is Patent Drafting?

Drafting process of patent application involves the writing of claims, specification, and drawings. Drafting plays a decisive role in determining the scope of protection obtained by the patent.

India has ratified the agreement established by the World Trade Organization (WTO). The agreement, among other things, focused on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). This agreement lays down the emergence of an understanding of the importance of Intellectual property in India.

Patents are one such Intellectual Property which is common and known among the general public. Patent protection is provided to an invention that is novel, has an inventive step and has industrial applicability.

Understanding Patent Drafting

The patent is a legal document which provides the exclusive right to control the use of the invention for which the inventor has claimed a patent. The exclusive power over the invention is for a limited period of time and is valid in the limited jurisdiction.

Patent Drafting is a process which involves writing claims, drawing and writing specification. The part of drafting patent application plays an essential role in the enforcement of patent rights and its future maintenance.

The patent application is also known as a patent specification.

There are two types of patent applications involved while applying for patent protection:

  1. Provisional Specification
  2. Complete Specification

Both the application are techno-legal documents and require experts who understand the underlying technology which is used in the invention along with it they should have a grasp on the rules and regulation which will be imposed upon the invention.

Also Read: How have patent rules evolved in India?

Analysis of Patent Application: Contents

The basic structure of patent application has several sections and completing all the of them is a complicated task.

1. Title of the Invention

Title of the invention must be concise and should provide the crux of the invention. A title of the invention could be used for more than one invention.

The title must not exceed the limit of 15 words, and those words should reflect the true nature of the invention.

2. The subject matter of the Invention

The patent subject matter involves a component of patent eligibility. The patentable subject matter is crucial as it sets the parameter for an invention and makes it clear whether the nature of the invention classifies for protection or not. The examiner of patent classifies the technology according to its group of invention and technology.

The field of the invention should be clear and precise so that the examiner of the patent understands the nature of invention easily.

  • Background of Invention

This section of patent application describes the technological background of the invention. The document should explain the context of invention what others have done in this technical fields and what problems remain to be solved and other disadvantages faced by the inventor and the solutions along with these disadvantages.

  • Prior Art details

Mentioning Prior Art details is not mandatory in national phase application. It is a brief written description of what is known of the invention and also the problems associated with each known art which are proposed by the inventor to be solved.

  • Object of invention

The objective of the invention provides the purpose and also reflects upon the advantages of the invention. It is a comparative analysis between an existing invention and the current inventive technology.

  • Statement of invention

Statement of the invention is used to describes the exact novel characteristics of the invention, and hence the detailed description provides structure to the application which further helps in understanding the detailed information about the inventiveness of the invention and also helps in relating to the independent claims.

  • Summary of invention

To understand the detailed description, a broad overview is provided that will eventually provide a structure to understand the 'detailed description' and the 'claims' section. The summary of the invention explains the overall purpose of the invention, advantages and so forth.

  • Description accompanied by drawing

The description provided along with drawing includes a description of the invention and how it is made and used. The details contained in an application should be such that an expert in the field can understand it and also perform the invention in a certain way.

  • Detailed characterization of the invention

A detailed description of the invention including examples which will explain the working of the invention including how to make and use the said invention. It should explain the complete picture of the invention and should be sufficient for the person who is well versed in the field to know about the development and the necessary technical know-how of the invention.

  • Claims

Claims are considered the essence of the patent application as they express the scope of protection of the invention. Claims also specify the area where the inventor can exclude others from encroaching upon his invention. These claims are of dominant in determining the extension of protection while the said invention is in patent prosecution and patent litigation in courts and the patent office.

Read More: What are the Patent Claims in India?

  • Abstract

The abstract aims to provide better information about the invention to all the third parties. Abstract of the patent application shall be made in such a way that it manifests upon the technical field of the invention, accompanied technical problems and their all existing solutions.

The word limit involved in drafting the abstract of the application should not exceed 150 words.

Patent Co-operation Treaty

The patent specification in this application contains:

  • Technical field
  • Background Art
  • Disclosure of Invention
  • A brief description of Drawings
  • Modes of carrying out the invention
  • Industrial Applicability
  • Claims

Patent Drafting Techniques

  • The initial step in drafting a patent application should understand the invention. An attorney would conduct a face-to-face or telephonic conversation with the inventor so that they can draw a better picture of the invention.
     
  • If the patent draft includes newly coined terms, those terms should be described exponentially in the application itself.
     
  • The specifications should not include any ambiguity and should be adequate and sufficient so that we can perform the invention.

Filing of Patent Application

The patent application is territorial in nature and the protection granted is only available in the places where they have been applied in. Each country has their sovereign right over granting patent application protection.

Hence, the application should be made in the correct jurisdiction. A patent application is considered to be an agreement between the inventor and the government after the patent protection is granted. The granted patent application is reviewed over the year by the patent office.

Patent Claim Drafting

Claims in a patent application determine the scope of protection for the invention. World intellectual property Organisation has laid down the format and procedure in which patent claim should be drafted for an application.

  • The claim should start with a preamble then it should be followed by Transitional phrase and eventually with the body.
     
  • The preamble should identify the category of the invention for instance: It is an apparatus, device, article, composition, a method or process.
     
  • The object of the invention can also be included in the preamble.
     
  • Each claim is evaluated separately on its merit. Therefore, if any one of the claims is objected it wouldn't mean that all the claims are invalid along with it.
     
  • Claims in a patent application define the protection provided. There is no restriction to the number of claims which can be incorporated in a patent application.
     
  • The first claim in the application should be an independent claim, and then the subsequent claims under the form shall be dependent claims.

Conclusion

Drafting of patent application plays a vital role in the success of protection for an invention. A well-drafted patent specification decides the scope of protection which will further help in the maintenance and management of the patent.


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