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Patent Specification Drafting in India

For filing Patent Specification Drafting in India, we need to draft the same, a well-drafted application decides the fate of an invention. Drafting plays a vital role in the success of an invention during its prosecution, management, and maintenance during its tenure and turning it into cash. Drafting a patent application is one of the most important and at the same time one of the most difficult process. A typical patent specification has the following sections:

Table of Contents

Title of Invention

Title of the invention should reflect the main part of the invention. It should be precise, meaningful and should be normally within 15 words. A title can be used for more than one invention.

Field of Invention

Field of the invention should describe the scope of the invention and subject matter of the invention to which it relates. Basically, it should be crisp and clear enough so that the Examiner of Patent Specification Drafting India easily understands the nature of the invention and classifies the technology according to its general.

Background of Invention & Prior Art

This section describes the state of the art in the technical area to which the patent relates and what problems remain to be solved or disadvantages accompanying the prior art solutions. In other words, Background of the invention should describe what others have done in the field, and what problems have not been solved by this prior work. It is always better to mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention

An object of the invention should clearly reflect the advantages of the invention. It should describe the solution of the existing technical problem associated with the existing field of art. Each object and advantages of the invention should be described in a separate sentence. Basically, this portion is a comparative analysis of the inventive technology over the existing one.

Statement of Invention

Statement of the invention describes the exact novel features of the invention. It should clearly reflect the inventive feature of the invention over the existing one. This part is very useful to declare inventiveness of the invention and relates exactly to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention

Summary of the invention describes a broad overview of the invention and, thus, provide a structure for understanding the Detailed Description and Claim sections of the specification. The summary of the invention describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the Accompanying Drawing

The brief description of drawings includes a written description of the invention that explains how to make and use it. It should point the reference numerals used in the drawings and should be specific. The details should be enough for a person skilled in the art to understand and perform the invention

Detailed Description of the Invention with Drawing/Examples

The detailed description describes in detail what the invention is and how it is made and used. Examples showing how the invention works in an application may or may not be present. It should reflect the complete picture of the invention and should be sufficient for a person skilled in the art to perform the invention by developing necessary technical know‐how.

Patent Claim(s) Drafting

Claims are the essence of a patent. The claims define the invention which the inventor holds as his exclusive property and has the right to exclude others from making, using, and selling. The claims specify the scope of ownership in a piece of property, i.e. Intellectual Property. These claims are of paramount importance in both patent prosecution in the Patent Office and patent litigation in the courts. Therefore, during claim drafting the choice of words used in the patent claims should be dealt with a great understanding and thought.

Patent Abstract

An abstract should be drafted in such a manner to make it reflect the technical field of the invention with the existing technical problems and the solution to overcome such problems. It should be briefly drafted and within the limit of 150 words. The aim of abstract should be to provide the better information to third parties. Disclaimer: The above guidelines are the general information to understand the drafting of a patent specification. The patent specification is a techno-legal document and the drafting of such document would require a lot of experience and skill.
Kindly provide a write-up on above lines so that we conduct a prior art search and work around developing the draft for its finality. for any assistance please get in touch with Setindiabiz.

About Setindiabiz

Setindiabiz is an organized team of experienced CA, CS, & Lawyers, duly supported by a pool of trained accountants & paralegal staff that provides quality & affordable compliance services to startups & small businesses in India. The views, statements and recommendations expressed in this article or post are only for the sole objective of providing information, and it does not constitute professional advice or recommendation of the company. Neither the author nor the company or its affiliates accepts any liability for any loss or damage arising from any information in this article or any actions taken in reliance thereon.

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