Patent Drafting

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Patent Drafting

The goal in a patent application is to provide a full, clear, exact description of the invention in a way that particularly points out and distinctly identifies what the inventor believes he or she has invented and wants protection to cover.

Patent Drafting

Types of draft

There are two types of patent drafting followed in India under Indian patent act, 1970 section 9, 10 and Rule 13 as follows

  • Provisional Application
  • Non-provisional application

1. Provisional Application

A provisional application is a temporary application which is filed when the invention is not finalized and is still under experimentation.

Advantages of filing a provisional application:

  • Applicant gets 12 months’ time to fully develop the invention and ascertain its market potential
  • Helps to establish “priority” right over the invention
  • Enables the applicant to use the term "patent pending" on their product
  • Less expensive to prepare and file the application
  • Enables the applicant to file International applications and claim priority within 12 months.
  • However, in order for the patent to be granted, a provisional application must be followed by a complete specification within 12 months. Moreover, the provisional application should be sufficiently detailed and must be drafted very carefully to ensure that the priority rights are secured for the invention.

2.Non -Provisional Application

The complete specification should fully and particularly describe the invention and its operation or use and the method by which it is to be performed;

  • Disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and End with claim or claims defining the scope of the invention for which protection is claimed;
  • Be accompanied by an abstract to provide technical information on the invention.
  • If the specification mentions a biological material which is insufficiently describes, and if such material is not available to the public, the application shall be complete by depositing the material to an International Deposition Authority under the Budapest Treaty.

Unity of invention- The claim or claims of a complete specification shall relate to a single invention concept, shall be clear and shall be fairly based on the matter disclosed in the specification.