Draft Your Patents Clearly: Why & How?


Securing your invention in terms of opting for a patent, is a well-entrenched way. But, not all inventions are able to make it up to secure a patent. The very beginner’s step includes checking the feasibility of the idea, assuring its uniqueness, developing a prototype, and framing the patent draft with complete specifications. After assuring that the idea is feasible and unique, the inventor needs to create a proper patent draft that states every bit of his/her invention and is formatted in accordance with the USPTO laws. In order to draft an efficient patent, one must have the art of describing the invention. Specific identification and particular definition are the two major parameters one should emphasize while patent drafting. Let’s understand the importance and need to draft your patents clearly, in this article.

You might want to know patent drafting in detail. Read our interesting insight: Patent Drafting: “Not Everyone’s Cup of Tea”

Draft Your Patents Clearly: Why?

Drafting your patent application clearly does not mean that go to great lengths to seemingly explain the invention. Instead, this makes patent applications almost impossible to read. It is important to draft your patents clearly, due to the following reasons:

1# To ensure that patent examiner read full application: The examiner is much less likely to read the application. After a couple pages of painful reading, the examiner generally looks for drawings (any attachments to save time), skips the rest, and just sign the application so he/she can go on with other tasks. Framing the draft carefully, will not let the examiner, to get bored and reject the application.

2# To ensure that patent examiner focuses on patent claims: Due to a shortage of time and busy schedule, the examiner typically reads the claims extremely thoroughly and likely skims the specification. The more time spent trying to find support in the specification for a certain limitation or understand the claim language, the less time the examiner can spend doing actual searching. This results in an office action or allowance that may be less thorough than it could be.

3# To ensure that patent examiner didn’t get confused: If the patent is ever litigated, a confusion patent drafting style can confuse and bore judges, juries, and the parties. If framing is not done properly, any litigant can easily interpret the language in different manners. This results in enormous costs for all parties, with no benefit to either side.

It’s difficult to learn and practice to write with utter clarity so that any reader could clearly interpret the desired meaning out of your patent application. While everyone has their own quirks, taking the time to re-read and edit for clarity alone is an important step in drafting high-quality patent applications.

To know the complete guidelines for drafting a patent application, read: Drafting Patent Specification: Guidelines

Draft Your Patents Clearly: How?

1# Understand the legal requirements:

  • A complete and clear description of the invention so that it gets utilized in a relevant technical field for understanding the subject matter of the invention completely.
  • The specification should have enough description about the invention to put the factual base for the claims. So, the specifications must be emphasized to point out and distinguish the patent subject matter which you will claim as your invention.
  • The description must not be concise or ambiguous, instead should be appropriate, clear and exact such that particular point out and clearly identifies the subject matter and protection required for the invention.

2# Know about the ‘Negative Description Problem’:

  • Context plays a major role in negative descriptions, but unfortunately, we cannot use it while explaining an invention because explaining something which is not needed does not serve any important, concrete and real description.
  • The invention description must be so clear and accurate such that there is no possibility of equivocation and interpretation.
  • The description should covey the meaning which you exactly trying to convey without any particularity. But, negative descriptions must be avoided in explanation. However, in some cases, negative description plays a vital role in guiding a reader to a certain level of understanding.

Now, it’s very clear that patent drafting is not that everyone can perform, check out how badly you will get affected if you didn’t use the correct terminology while drafting your patent. Read: Relative Terminology Will Destroy Patent Draft: Know How?

Why Choose Us:

The better the writing style, the better quality the resulting patent and the better service for the client. We, at the Patent Drafting Catalyst, hold expertise in the art of patent drafting for multiple technology areas and have successfully satisfied clients from more than 45 nations across the globe. We have:

  • 8+ years of industrial experience in supporting the patent prosecution,
  • 100+ full-time patent engineers,
  • 30+ Technology Domains,
  • 100+ client applications every year,
  • 30+ patent engineers/drafters including industry experts from various technology areas, & not limited to
  • Multiple levels of support to suit your requirements and budget.

To know more about us, visit our service page.

Also Read:

Patent Drafting Enemies: Get Rid of These!!

Top 5 Patent Drafting Mistakes: You don’t want to have!!

These 5 Tips could Improve Your Patent Draft

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