Patent Specification Drafting in India

Patent is a form intellectual property. It provides exclusively to a particular product. Patent specification is an important step in a filing of a patent. It is a form of property that defines the fate of an invention.

Patent needs to be drafted for the success of the invention. It plays an important in management, prosecution, and maintenance. It is one of the most important and also one of the most difficult process. There are following sections in typical specification.

Title of Invention should clearly identifiable the main art of the invention. Patent should be meaningful, precise, and should be normally within 15 words. Title of an invention can be used for more than one invention.

Field of an invention should clearly describe the scope of the invention and also the subject matter of the invention. Invention should conceptually clear and crisp enough so which the Examiner of patent easily.

Background of Invention & Prior Art are the sections that describe the state of the art in the technical area to which the patent relates. It also identifies problems to be solved or disadvantages accompanying the prior art solutions. Background of the invention is the thing which should describe what others have done in the field. There are certain things which should mention the status of the closest technology, experiments, patents, and patent applications in this section.

Object of Invention should clearly reflect the advantages of the invention. Object of an invention should describe the solution of the existing technical problem associated with the existing field of art. Object should properly mention the benefits of the invention. Each and everything should be described in a separate sentence. It is a portion that comparative analysis of the inventive technology over the existing one.

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. It is a very useful invention exactly related to the independent claims and to complement the omnibus claim in situations of infringement proceedings.

Summary of Invention describes a broad overview of the invention. It provides a structure for understanding the Detailed Description and Claim sections of the specification. This also describes the invention overall, e.g., the purpose of the invention, problems solved, advantages offered, and so forth.

Brief Description of the accompanying drawings 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

Patent Claim(s) Drafting are regarded as the essence of a patent. It defines 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.

Abstract of patent 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. Patent should be briefly drafted and within the limit of 150 words. The main objective of abstract should be to provide the better information to third parties.

Author: Dushyant Sharma

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