Patent Drafting in India

Patent is a right conferred by the state in consideration of disclosure of the invention so that others cannot exploit or use the particular invention. After one decides to patent one’s invention it is very important to know the process of patent filing in India as the practice is based on “first to file system’’.    

What is patent specification

Patent specification is a legal document which describes the invention and best method of performing it. It should be made in an ordinary language so that person skilled in the art can easily practice the invention. It is given along with the application for patent.

As it involves technology as well as law it requires special care and all ambiguity is to be avoided as there are chances it can lead to invalidation of the patent. The claims must be definite.

The purpose of drafting of patent specification are

-To disclose the invention to the public so that when the patent is expired, public can work it

-To explain clearly what the patent applicant wants to claim

There are two types of patent specification / patent application-

-Provisional specification – this type of application is filed to secure the priority date. This does not disclose all the details of the invention in a clear manner. However, this application will be used later on to determine whether the complete specification claims the invention as mentioned in the provisional specification or not, so it is advisable to draft it properly and provide as much as information that the inventor can provide at that stage. drawings of the invention can also be submitted along with this application.

-Complete specification – this type of application discloses all the details of the invention clearly and properly. It should be written in a language which will help the person skilled in the art to work the invention. This type of application should also include claims. Claims are subject matter of the invention for which patent is applied. Each claim is an invention.

If a provisional is filed then within 12 months timeframe, the complete specification has to be filed at any rate. At the end of the document, on the last page there should be the signature of the agent or applicant along with the date.

Contents of patent specification-

While submitting patent application there are some things that must be present in patent specification. The following things must be included in while drafting patent specification

-Title – the specification of the patent should start with a title which should not be more than 15 words. It should mention specific feature of the invention but it should not include inventor’s name, the word patent, words of different language and abbreviations.

-Preamble of the invention – the preamble should describe the types of claims and nature of invention.

-Technical field – the technical field should include field and subject matter of the invention.

-Background – the background of the invention should include prior art i.e., what was there before this invention and should describe its setbacks, problems and disadvantages.

-Objects – the object of the invention should include the solution that is brought about by this invention. This should also include object and advantages of the invention.

-Brief description of the drawings – brief description should include all the figures of the drawing and a brief discussion on each of them.

-Detailed description – detailed description should include every detail of the invention. This should include the making and using of the invention, its objective, advantages and solution in detail, details of the figures in drawings, examples to facilitate better understanding of the invention and best method of performing the invention. The details in this section are considered sufficient if the person skilled in the art can practice the invention without any problem or doing any unnecessary experiments.

-Claims – claims are the subject matter of the invention for which the patent is applied for. If there is something that is mentioned in the specification section but not in the claims section then that thing will be considered as disclaimed and patent will not be granted for that thing. In other words, public can make that thing. So, you should mention everything in claims for which you are applying patent for. Each claim is a separate invention so if one claim is considered as invalid, you can still get patent for inventions mentioned in other claims.

-abstract – abstract contains the summary of the invention and it should not be more than 150 words.

A patent filing process has been made easier either through e-filing or through physical filing

Role of Patent attorney in drafting of patent specification

Drafting of patent specification is a complex procedure and it needs to be done properly. If the details mentioned in the specification are not clear, the application can be rejected by the controller. The Patent attorney assists in drafting of patent specification clearly so that chances of registration of patent increases.

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