The relevance of Intellectual Property (IP) has increased around the world and is clearly evident with increasing technological intervention and more businesses entering this field. Each IP asset constitutes an important part of a company’s assets, which needs to be structured in a focused manner to provide maximum benefit to the company. Patents are, therefore, the most important asset for a company and play a substantial role in its profitability. A patent protects an invention that fulfills all the technical requirements associated with it. There are three main requirements for a patent to be granted for an invention. Firstly, the invention must be novel; secondly, it must involve an inventive step; and finally, it must be capable of industrial applicability. It is important for an invention to work and be capable of industrial applicability. With different jurisdictions having altogether different laws and legislative requirements, the inventor must be clear about the jurisdictions in which they want to apply and the requirements therein. The strong team at GPF has helped thousands of clients over the years in getting patents granted for their inventions in multiple jurisdictions. Nevertheless, multiple things remain almost the same across various jurisdictions, although with small variations, of which the main one is the drafting and preparation of patents, along with their filing. There are a few aspects of these preparations which are discussed hereunder.

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For a professional who will help in structuring the patent application, the details will be enshrined as follows:

• Claims
• Descriptions (or specifications)
• Drawings
• Background
• Abstract
• Summary

Claims

The claims must be very clear in terms of rights, where they must specifically mention the novel part, the inventive steps, and the industrial applicability. Therefore, the claims must correspond to the description/specification and must be interpreted in its light. It must also be noted that the claims must not be broad enough, nor should they be too narrow. The first point can define the essential features of the invention, and the second point can expand the features of the same. Both of them must be drafted to provide all the pertinent information which must directly correspond to the specifications.

The preparation of claims is the first thing to do for the invention, although it can be done at a later stage. For a patent agent, claims help in disclosing the invention. They are the legal definitions for which protection is sought, or as the name suggests, they specify what the invention claims. The agent might not use highly abstract language to describe the invention in the claim section. The agent can also draft several claims as a first step. The claims need to be drafted in such a way that everything revolves around them. Drafting of claims can be done in the first part; nevertheless, there can be instances when such drafting might not be possible for an agent at first due to the complexities involved in the invention.

The preparation of claims is the first thing to do for the invention, although it can be done at a later stage. For a patent agent, this claim will help in disclosing the invention. They are the legal definitions for which the protection is sought, or as the name suggests, it specifies what the invention claims for. The agent might not be using highly abstract language to describe the invention in the claim section. The agent can also draft several claims as to their first step. The claim needs to be drafted in the sense that everything must revolve around it. Drafting of claims can be done in the first part nevertheless; there can be instances when such drafting might not be possible for an agent at first, due to complexities involved in the invention.

The claims must be very clear in terms of rights where it must specifically mention the novel part, with the inventive steps and the industrial applicability. Therefore, the claims must correspond to the description/specification and must be interpreted in its light. It must also be noted that the claims must not be broad enough and neither it must be too narrow. The first point can define the essential features of the invention and the second point can expand the features of the same. Both of them must be drafted to provide all the pertinent information which must directly correspond to the specifications.

Descriptions

This part deals with disclosing the invention, which helps in satisfying the requirement that any ordinary person skilled in the art can make and understand the invention. Every detail must be presented in such a way that it is clear to a person skilled in the field regarding structuring the invention. Such details must achieve the desired results without any error.

Providing each detail for putting the invention into effect might not be possible; nevertheless, the details in the description must correspond to the claims. As mentioned, since the details in the description must address the person skilled in the art, they must not be so generic as to include what is already known or available in the public domain. There must be an extensive interpretation of the details mentioned in the claims. Those features which surprise the skilled person should be extensively written in detail as compared to features which are less surprising or known, since they might not be novel.

Drawings

Some agents might argue that drawings are the most important part of the patent application. The drawing part helps in providing clear visual material which acts as a strong supporting element describing the invention. There are jurisdictions where drawings are a prerequisite to every claimed element. Drawings generally help in understanding the invention in a sufficiently detailed manner. Corresponding to the information provided in the description, the drawing part merely confirms such information in a visual manner. Undoubtedly, drawings might not be possible for all inventions. Most agents might wish to prepare drawings after preparing claims because it becomes very easy for the agent to dictate the detailed description, and it greatly improves efficiency. All such measures help in preparing a perfect patent application with an effectively detailed description.

Background/Introduction

The technical area of the invention must be made clear to the examiner to help in performing the official search in that area. The technical field must comply with the invention, and the field must already be in existence. The purpose of the background is to describe the problems where there were no concrete solutions in the prior art. The fundamental proposition must align with the idea of the invention and the contribution that this invention makes to the field.

Abstract

The abstract does not touch upon any legal portion and does not impact the legal scope of the patent. The abstract only contains technical information which helps the application to be searched when published. The abstract concisely describes the invention and its use. The drafting of the abstract must be done cautiously, and a check regarding the disclosure made in the abstract is essential, as the abstract cannot be used for amendment at a later stage. This is a common mistake, where the abstract discloses some patentable features which are not found in the specification. It is always necessary that the agent must re-check the abstract after completing the patent application.

Summary

The experienced professionals at GPF are there to guide clients through the process associated with the drafting of the patent application. The team at GPF works with clients to provide and implement filing strategies based on the client’s demands and ensure timely execution.

Generally the last part of the patent application, the summary section puts more emphasis on the nature and purpose of the invention. The primary aim of the summary is to provide an overall view of what the invention is and the benefits thereof in simple language. As mentioned, the fundamental point is to set out the nature and purpose of the invention, and it must be straightforward.

Generally the last part of the patent application, the summary section puts more emphasis on the nature of the invention and the purpose of the invention. The primary aim of the summary is to moreover provide an overhaul view of what the invention is and the benefits thereof in simple language. As mentioned, the fundamental point is to set out the nature and purpose of the invention and it must be straightforward.

The experienced professionals at GPF are there to guide the clients through the process associated with the drafting of the patent application. The team at GPF works with clients to provide and implement filing strategies based on the client’s demands and making it in a timely scheduled manner. 

Author: Saransh Chaturvedi an associate at Global Patent Filing,  in case of any queries please contact/write back us at support@globalpatentfiling.com.