The patent specification is a written disclosure of invention which is drafted for satisfying patent written requirements as well and to define the claims’ scope. While drafting a patent application claim can be referred from the specification. The only major concern is to know when it is allowed and when it is not allowed. However, the primary objective of drafting patent specification is to disclose the invention in a detailed way to meet different commercial objectives.
Understanding Patent Specification
To move further, we must have a clear understanding of the specification. It is a written disclosure or a document using which an inventor discloses all the relevant details of his/her invention in exchange for exclusive rights from the government. Patent applications consist of the specification which is not included in abstract or claims. Moreover, a patent specification is drafted in a way that it covers invention description, process and methodology is very precise and detailed manner, so that the skills and technology used, adds value to other upcoming inventions. No matter, whether the invention is the machine, process, manufacture, matter composition, or any improvement, at least one quality, operation, and the basic principle of the invention.
Be it a patent or patent application, it has different sections which contain various unnecessary information. In general, a patent is categorized into three different sections:
- Specification: Describes invention and the way of representation and process of making and using the same.
- Drawings: Describes invention in details
- Claims: Defines the exclusive rights enjoyed by the applicant of a patent
Specification and drawings sections are used for catering invention understanding segmented in the patent claims which is known as the claimed invention. Hence, in a patent application, a patent claims play a major role as it is used to define invention for which the patent office grants protection.
Drafting Patent Specification: Not Everyone’s Cup Of Tea
Now, the major question arises here- is it possible to read into a patent claim from the specification? Yes, it is possible. The primary objective of specification in a patent is to act as a glossary or dictionary for the patent claim. All the important subject matters and terms can be defined in the specification followed by import of meanings into the claims according to the requirement. However, you cannot avoid an element or characterization into the claim by referring it in the specification and cannot say that it is already inferred in the claims.
Reading definitions in claims requires at least a placeholder to refer back to the specification. You are simply not supposed to forget including something in the claim because it is already there in the specification.
As already mentioned above, the primary objective of the specification is to provide an understanding of the claimed invention. Certainly, you can define the terms in a patent application that you will be used in patent claims to facilitate the meaning you specifically intend. No matter, whether the claim interpretation takes place during the prosecution of the patent with the examiner or after the patent is issued, the defined meaning will be used during any claim interpretation. But what happens when the meaning of a term is not defined in the specification? The result actually depends. A person having relevant knowledge or skill of related technology area or science will understand the generic meaning of the term. The understanding may or may not be appropriate, and it may or may not be what you thought.
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