In order to draft an efficient patent, one must have the art of describing a patent invention in a way that it fulfills all the requirements of the U.S. Patent Laws. Specific identification and particular definition are the two major parameters one should emphasize while patent drafting. Let’s discuss the art behind drafting patents.
Drafting Patents: Two Major Concerns
Following are the two major concerns one should keep in mind while patent drafting:
- 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, instead should be appropriate, clear and exact such that particular point out and clearly identifies the subject matter and protection required for the invention.
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 or 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.
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