An enforceable patent is a key to effective Commercialization/Out-Licensing of any technology. No matter how good a technology is, it’s worth would be insignificant, if the description of technical subject matter is not enabling or fails to disclose all necessary embodiments, and in case the claims are narrowly drafted and do not gain support from the specification.
Thorough patent drafting involves several important elements, including:
1. Clear and concise language: A patent application should use clear and concise language to describe the invention in a way that is easy to understand.
2. Thorough description of the invention: The patent application should provide a detailed and thorough description of the invention, including how it works, what it does, and how it is different from existing technologies.
3. Comprehensive claims: The claims section of the patent application should be comprehensive and clearly define the scope of the invention. The claims should be written in a way that covers all possible embodiments of the invention, but is not overly broad.
4. Adequate support for claims: The claims should be supported by the description in the specification. The application should provide enough detail and examples to enable a person skilled in the art to reproduce the invention.
5. Anticipation of potential challenges: The patent application should anticipate potential challenges to the patentability of the invention and address them in the specification. This can help to avoid rejections or challenges during the examination process.
6. Compliance with legal requirements: The patent application should comply with all legal requirements, including the format and content requirements of the relevant patent office.
7. Professional assistance: It is advisable to seek the assistance of a qualified patent attorney or agent to draft a patent application. They can help ensure that the application meets all legal requirements and has the best chance of being granted.
What Is A Patent?
A patent is a techno-legal document that grants an applicant a patent right in exchange for complete disclosure of the invention. The patented invention cannot be produced, used, sold, or imported by anyone else without the owner’s consent. it requires time and a reasonable amount of skill to convert an idea of an invention to the possession of actual patent rights. One of the key requirements for an invention to qualify for a patent is that it must be new. In other words, the invention must not be in the public domain in any format—verbal, written, audio, visual, or the like.
Different searches (state of-the-art searches and novelty searches) are conducted with a different feature of the invention to gain information about its potential novelty and, in some cases, its potential non-obviousness. After the inventor believes that novelty has been established, the process of securing an active patent right continues with skillful patent drafting.
A patent specification, sometimes referred to as a patent application, is a document in which inventors must disclose the characteristics of their invention in order to gain the government-granted exclusive patent rights. In a broader sense, the government assumes that a patent specification will reveal the specifics of the invention so that anyone from the public (after the patent expires) can produce and/or utilize the innovation, fulfilling the objective of the Patent Law. While the above perspective should serve as the basis for any patent specification, in order to obtain a high-quality patent, patent applicants, inventors, and professionals will need to use a number of other perspectives when drafting a patent specification.
A typical patent specification includes components such as the Title, Background, Object, Summary, Brief Description of Drawings (if any), Detailed Description, Technical Advantages, Claims, and Abstract.
There are two types of patent applications involved while applying for patent protection:
- Provisional Specification
- Complete Specification
Both the applications are techno-legal documents that require professionals who understand the underlying technology used in the invention as well as the laws and regulations that will be imposed on the invention.
The decision of choosing between these two types of patent applications is determined by the inventor’s level of research/idea conceptualization. If the inventor has significant specifics about his invention, a provisional specification is filed, but it is subject to future additions/modifications based on additional research. Filing a provisional application allows investors more time to research while still protecting the inventor’s invention, as inventors are expected to provide full specifications as well as claims within 12 months of filing an application.
In the case of a complete specification, the inventor can directly proceed with the filing once the research is complete because it does not require further research. Drafting a patent specification/application is a critical and crucial phase in the patent filing process.
Provisional Patent Application
A provisional patent application is an extension to your regular patent application. Filing a provisional application allows investors more time to research while still protecting the inventor’s invention, as inventors are expected to provide full specifications as well as claims within 12 months of filing an application. It allows you to file without a formal patent claim, oath or declaration, so that you can determine whether your idea is worthy of further prosecution.
Patent drafting is a critical skill that determines the fate of a patent application.
Patent drafting is the process of creating a patent application that describes the many characteristics of the invention as well as the technical effects and advantages of the invention. The specification and drawings are often the key components of a patent application. It is the process of writing claims, drawings, and writing specifications for a patent. In order to protect patent rights and ensure their future maintenance, the process of drafting patents is crucial.
A well-drafted patent application is more likely to be granted quicker and with fewer objections from the Patent Office. A poorly written patent application, on the other hand, may result in a lengthy inspection, needless fees, and a waste of time. Mostly, an incompetent patent draft would be rejected by the Patent office. Hence, the inventor should critically examine the patent draft before filing. At the end of the drafting process, we have a patent application that can be filed with a Patent Office.
We at IIPRD have a Patent Drafting team that is well versed and skilled in multiple practice domains, and has many years of expertise in drafting a large number of patents and patent families arising therefrom. While drafting a patent application, meticulous care should be taken to ensure that the patent application clearly explains the invention and covers every aspect of the invention. Patent drafting is an art that requires subject matter knowledge as well as expertise.
We at IIPRD provide customized patent drafting to better meet the objectives of each client. Our patent experts include professionals with advanced degrees and extensive experience in fields such as chemical, biotechnology, pharmaceuticals, electronics, electrical, software, and mechanical.
Through our strong confidential regulations and processes, we at IIPRD assure compliance with the highest quality standards while protecting the complete confidentiality of our clients’ disclosures.
Benefits of Patent Drafting from Professional Attorney
Understanding the inventions and including all technical elements and changes in the whole specification is all part of patent drafting. Claims are the heart of a patent and should be drafted in such a way that they cover the entire area of the invention while also taking into account the legal obligations of the nation where the patent is to be filed. An ill-designed patent or drafting process may result in the loss of rights, and others may use the loopholes to infringe. When you want your organization to benefit the most from your ideas, high-quality patent drafting is critical.
Patent drafting comprises writing patent descriptions and claims, which are essential elements of every patent application. It is vital to determine how to patent a concept. Once the invention is issued, the draft becomes the specification part of the document. The first step in developing a patent is drafting, which requires meticulous attention to detail and that is what IIPRD thrives to deliver.
We at IIPRD, owing of our substantial experience and exposure in Monetization and Litigation Support of patents, understand and appreciate the due importance of good patent specifications, and therefore have a dedicated team of patent drafters, who have, drafted numerous patents for Fortune 500 Companies and leading global IP Law Firms and have improved their skills by deliberation with experienced and renowned patent drafters.
IIPRD offers quality and consistent patent preparation services for all its clients to help maximize their returns from the IP. IIPRD’s Clientele comprises leading and growing patent law firms, corporates, individual practitioners, research institutions, and inventors.
IIPRD offers customized patent preparation services to best suit each client’s existing and best drafting strategies. Our patent drafting/Preparation experts include technologists having advanced degrees and extensive experience across technology domains which include Chemical, Biotechnology, Pharmaceuticals, Electronics, Electrical, Software, and Mechanical. IIPRD, through its stringent confidential policies and practices, assures compliance to quality standards and complete confidentiality of client’s disclosure.
Filing PCT Applications / International Patent Filing / Global Patent Filing / International Patent Registration
We file PCT applications or help our clients in International Patent Registration / Global Patent Filing with the WIPO. Further, we have partnered with several patent attorneys outside India for filing national phase applications along with Paris convention applications in foreign countries. Our partnership with these patent attorneys outside India facilitates filing of global patent applications / international patent applications including but not limited filing patent applications in USA, filing patent applications in the European Union, and filing patent applications in China, Japan, and Korea, among several other countries across the globe. Our associate patent attorneys who are located across the globe are known for delivering superior patent filing and prosecution services, wherein the substantive work in terms of preparing the responses to office actions is carried out at our end itself to enable cost-effective and efficient patent prosecution to be undertaken.
Some of the salient features of our Patent Preparation services include but are not limited to:
- Preparation of Complete/Provisional Specifications to meet client-defined standards for filing in USPTO, EPO, JPO, PCT, India, and other countries.
- Conducting personal/video conference/telephonic Disclosure Meetings (DM) with the Inventors/Attorneys in order to comprehend the inventive concept and subject matter along with the preferred implementations/embodiments to maximize the impact of patent applications.
- Proofreading of Patent Applications to understand and ensure that every patent application is semantically and syntactically correct.