Patent Drafting: Complete Patent Specification Elements
Protecting a great idea begins with the drafting of a patent. Numerous inventors have proven throughout the years the ability of a single idea to change the world. Some of the most renowned works in human history have sprung from ideas. In order to benefit financially as an innovator, you must claim exclusivity over your invention. The likelihood of a patent grant is strongly influenced by a well–drafted complete patent specification. No wonder, drafting a complete specification is a tedious task. Here is everything you need to know about patent drafting to protect the intellectual property rights of your idea.
Table of Contents
What Is A Complete Specification?
A thorough specification should describe the invention as well as the best-known method of carrying it out. It concludes with one or more “claims” that define the invention’s scope. It is a document that describes the specifics of an invention in great detail.
Aim Of Filing Complete Specification
The aim of submitting a complete specification is to succinctly describe the innovation to the respective authorities and to enable a person skilled in the art to use or replicate the said invention for commercial use. The aspects that are crucial to the drafting of patent specifications are covered in the article that follows.
Contents Of Specification
The Patents Act of 1970’s Section 10 outlines the various contents of complete specification in detail.
Title Of The Invention
The invention’s field or industry should be fairly clear from the title. It should be as concise, clear, and unambiguous as feasible, but it need not contain all the specifics of the invention itself. It should typically be no longer than 15 words. It must verbally concur with the application’s declared title.
Field Of Invention
Preferably, the description should begin with a general statement of the invention that clearly describes the field to which it pertains, such as “This invention relates to a biomedical device / an electronic equipment” or something along those lines.
The benefits of the innovation may then be highlighted in order to highlight its preferred uses and application fields.
Background Of The Invention
References to specific documents connected to the invention are included in the background of the invention. The history of the innovation should include a discussion of the improvements that are required. The background portion of the patent document lists and describes any prior patent applications. The comparison and discussion of the key features of the current invention and prior art.
Summary Of The Invention
The summary of the invention describes the invention’s nature and technological field. Additionally, it contains the key elements of a comprehensive description of a procedure, device, item of manufacturing, or component of a substance. The summary also touches on the invention’s benefits. The summary gives a condensed version of the invention’s main concept.
Drawings Or Figures
Patent drawings are used to visually illustrate the innovation. Depending on the technology, drawings are created utilizing chemical or mechanical structures, charts, and graphs. The applicant’s name and the total number of drawings must be written in the right and left top corners of the drawing sheet when it is submitted. While every drawing sheet is signed at the bottom right corner, either by the applicant or the agent they have authorized. A specific and preferred way to refer to the drawings is as follows: “This invention is illustrated in the accompanying drawings, where like reference letters throughout identify corresponding parts in the various figures.”
Detail Description Of The Invention
Innovation must be described in enough detail to allow for easy adoption of a thorough understanding of the invention. Additionally, the kind of advancements or modifications made compared to the previous art must be appropriately disclosed. The information provided here on the invention should be sufficient to allow a person who is skilled in the art to carry out the invention by self-learning essential technical skills. Examples, drawings, or both can be used to describe and determine the type of invention clearly. The description must contain a sufficient number of examples, particularly those pertaining to chemical inventions.
A clear declaration identifying an enhancement or modification of the original invention should be made at the beginning of the specification for a Patent of Addition, and the serial number of the patent application for the actual invention should be stated.
Patent claims are the most significant component of patent applications. The claims contain the invention’s subject matter, which sets it apart from earlier inventions. The patent claims, which outline the invention’s parameters and boundary, are used to determine an invention’s patentability. Clarifying the scope of the protection offered is the main purpose of a patent claim or independent patent claims. The innovation described in the descriptive section of the patent writing must support the patent claims. Each of the patent claims should be stated in a separate sentence and should begin on a new page. The patent claim and the patent drawings are mentioned after a reference number.
To offer technical details on the invention, an abstract must be included with every complete specification. The abstract commences with the title of the invention.
The abstract must be written in such a way that it functions as an effective tool for research in the relevant technical sector, particularly by enabling readers to determine whether they need to read the specification.
Other Considerations For Drafting A Complete Specification
The requirements for drafting the whole specification are highlighted in great detail by Rule 9 of the Patents Rules, 2003. Except for affidavits and drawings, all documents and copies of the materials submitted to the patent office must:
- Be typewritten or printed on one side of the paper in Hindi or English, with lines at least one and a half spaces across, and large, readable characters that are 0.28 centimeters high or higher (unless otherwise ordered or permitted by the Controller);
- Be printed on paper that is flexible, strong, white, smooth, non-shiny, and durable, measuring approximately 29.7 centimeters by 21 centimeters in size A4 with a margin of at least 4 centimeters on the top and left part and 3 centimeters on the bottom and right part; be numbered in consecutive
- Arabic numerals in the center of the sheet; and have the numbering to every fifth line of each page of the description and each page of the claims at the right.
- Nucleotide or amino acid sequences that are disclosed in a patent application’s sequence listing must be submitted in computer-readable text format along with the application.
Patent drafting for beginners is easy if all these said points are taken into consideration. The cost of hiring a professional to assist with the complete specification drafting process may prove to be well worth it. If you need assistance and you are a foreign national applying for a grant of patent in India, you may give power of attorney to a resident of India.
Without a doubt, the entire process from the patent’s preparation to its grant can be tedious and stressful. However, after you have your patent certificate, the work will seem worthwhile.
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