3 Important Aspects for Better Patent Docketing

3 Important Aspects for Better Patent Docketing : Patent docketing is a tool that can be either a system or a method, to keep track of all the important documents, deadlines and timelines, forms, drawings, and manage, sort, and record them within a database. Large number of patent law firms even hires docketing specialists to keep track of their important assets. And possible implementations can also be found using a software program that can manage the patent docketing process automatically.  Some programs are made so customizable that, it can add custom dates and individual documents associated for specific patent, and can even process patents from multiple countries. Customization depends upon the budget and usage of the law firm, using it.

Important aspects

A patent application must completely describe the invention and must satisfy the basic criteria for patenting, such as novelty, non-obviousness, industrial applicability, etc. Here are some important aspects which must be carefully stacked and checked while filing a patent application.

3 Important Aspects for Better Patent Docketing

These important aspects are:

  • Relevant description: Description must be done in such a way that it must be clearly understood by two sorts of aspirants. For the first sort of aspirant, who are efficiently skilled and experienced (have technical knowledge and are familiar with the background of invention), the application must be framed in way to understand and take full advantage of the invention, once it gets expired. This is sometimes referred as ‘enablement requirement’. The other aspirant, is the one who have negligible or very less knowledge about the subject, but still wants to take help or use the patent to make future inventions or enhance their knowledge. The patent application must be filed in such a way that it even encourages the second aspirant to make use of the invention.

Another thing to note is that, in exchange for a patent (that assigns exclusive rights to the owner), it is necessary to describe the invention with specificity so that when the patent expires the invention falls into the public domain and can be used by anyone. And for this, it is very important to explain the invention, its various features, and nuances with as much detail as possible. It must be described that there can be no possibility for an ‘undue experimentation’, which means that the inventor is no longer required to explain the functioning of the invention, instead the description must be made so feasible that anyone could understand it easily.

  • Best mode requirements:

These requirements means that inventors must disclose any preferences, that they have in a patent application and disclose the application details properly to define the major attributes of the invention, restricting others from using it, and at the same time, not implementing those elements on which the inventor is not sure, or not willing to consider, to allow aspirants to work on it. This provides the aspirants to apply and work for betterment of those elements which lies outside infringement to the inventor’s claims, and at the same time, restricts aspirant for the elements in which the inventor don’t want any interference to occur. Therefore, legally as well as practically it is better to include the best mode requirements.

Another aspect is to make sure the first filing is precise and complete, since only the formatting can be changed after filing, and any new information cannot be added without taking a new filing date. In other words, whatever is included in the patent application which is filed, whether in the written description, drawings or claims, is considered as the final draft of the invention, till another filing date is asked for, to make information changes.

  • Instruction Manual: Information must be filed in such a way that it could appear like an instruction manual to both type of aspirants. Preference must be given to describe the invention that the reader could specifically understand all the permutations, so that aspirant can make, use, modify, and add specific embodiments and alternatives to invent something new or to improve that invention in terms of efficiency or utility.

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