Tuesday, August 14, 2012

BASICS OF DRAFTING A PATENT ... - Intellectually Legal: Technology

BASICS OF DRAFTING A PATENT APPLICATION

Article source:?http://techcorplegal.com/Startup_Business/Blog/drafting_patent.html

Patent drafting illustrates the written description of the inventions and the claims. Patent drafting is evaluated for granting a patent as it describes the patent. Patent drafting should be complete and abbreviated. Patent drafting should detail the invention and explain the process, machine, manufacture or composition of matter and also give the description of mode of operation or principal. Patent drafting should be done by patent agents or patent attorneys or a lawyer with a good knowledge of patents and drafting of it. The person drafting the patent should be good in English communication and in written and technical knowledge. ?

The parts of the process, machine, manufacture or composition of matter which is related to improvement is signalized in the drafting of the patent. Patent drafting includes background of the invention, subject of the invention, declaration of the invention, compressed explanation of the drawings and summary of the invention. The draft should also comprehend the valuable uses either to the humans or to the industry. The methods and the processes should be told clearly to the attorney before drafting a patent which is called claim drafting. Depending upon the invention and the inventor, there may be one or more drafts. If the claim is considered irrelevant it may lead to its rejection.

A patent drafting should have following sections, in order:

  • Title of the invention
  • Reference to related topics
  • Background of the invention
  • Summary of the invention
  • Explanation of the drawings
  • Description of the invention
  • Claims
  • Abstract of the disclosure
  • Sequence listing

Title of the Invention

The title of the invention may have up to five hundred characters. The title should be short and exact and it should appear as the heading of the page.

Cross-Reference to Related Applications

With the help of patent application cross references can be made to other patent applications by identifying the title, the application number or the international application number and the international filing date.

Abstract

The abstract should have only hundred and fifty words in a separate page.?

Summary of the invention

The nature of the invention is included in the summary of the invention. It also includes detailed description of the process, machine, manufacture or composition of matter. The advantages of the invention are discussed in the summary too. The summary represents the general idea of the invention in a summarized form. The problems which existed previously and were identified in the background of the invention are pointed out in the summary with their solutions.

Drawings

A number of figures are described and specified in drawings. These descriptions and specifications point out the claims of the invention. The invention is described visually with the help of drawings. Drawings are made using structures ? chemical or mechanical and charts and graphs.

Claims

The most important part of patent drafting is claims. The subject matter of the invention which distinguishes the invention from what is old is written in the claims. Patentability is judged by the claims as it is the operative part.?The major function of the claim or claims is to clearly define the scope of protection granted. The claims must be supported by the invention disclosed in the descriptive part of the patent drafting. The claims should be drafted from a new page and each claim should be written in a new sentence.

A reference numeral is followed to mention the claim and to illustrate the drawings. However, the claims of a patent specification must relate to the same invention.

Background of the Invention

Background of the invention contains references related to specific documents which are related to the invention. The improvements needed by the invention should be discussed in the background of the invention. Prior patents are identified by the background frequently. Key features of the current invention and prior art are compared and discussed.

Detailed Description of the Invention

It is a detailed explanation of the invention with specific examples of how to practice the invention. It also gives the description of the drawing with respect to the invention. It includes written description, embodiment and enablement.?Written description should be well detailed so that the invention is disclosed at the time of filing the patent application.

Only one embodiment should be disclosed in the description of the invention.

The invention should enable a person skilled in the art to duplicate your experiment to arrive the same results without undue experimentation.

Sequence Listing

An application including nucleic acid or amino acid sequences then a sequence list is required. Sequence listing should be in a specific text form. A free software download?is provided by USPTO that?is often used to compile sequence listing.

Send?Advocate Rahul Dev?an email at?rahul [dot] d [at] techcorplegal [dot] com.

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Source: http://intellectuallylegal.wordpress.com/2012/08/14/basics-of-drafting-a-patent-application/

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