Everything About Patent Drafting: Know-It-All


Patent Drafting is the process of writing a detailed description of the invention and to get it patented. It is an important part of a patent application as it serves as the specification part of the document. A patent draft cannot consist of a journal or a business plan, as the draft made specifically states the details of the invention and not the process or facts about it. In this article, we have covered everything you should know about patent drafting.

Things you need to know about Patent Drafting

In order to draft a formal and an undeniable draft you have to seek the expertise of a patent attorney/service, in addition to that, both the parties i.e. the attorney/service provider and the inventor must be very collaborative. The inventor must carefully explain every intricate detail about his invention, like how it was made, its usefulness, novelty and a distinguishable feature that will separate it from the other similar inventions. The more efficient the collaboration between the two is the more is the rate of success of getting the invention patented.

Use of relative terminology is dangerous in patent draft is dangerous. Read to know: Relative Terminology Will Destroy Patent Draft: Know How?

How to Draft a Patent?

The following steps will give out a clear idea on how to draft a patent:

  1. A Full Disclosure agreement is signed between you and the patent attorney for complete knowledge disclosure about the invention.
  2. Initiating drafting of the patent application, constituting the claims about the technology and idea made about the invention.
  3. Drawings and artworks are prepared by the draftsman to create an astute distinction between the invention and similar existing inventions.
  4. Collaborative discussion sessions conducted between the two parties for drafting the final iterations so as to bring more clarity to the invention.
  5. Final draft is prepared.
  6. Final review session is conducted before filing the draft.

Although drafting a patent can be done on your own, it is generally advised to consult an attorney as a clear and formal draft is the key to obtaining a patent without being rejected.

You must follow these tips before drafting your patent application. Read to know: These 5 Tips could Improve Your Patent Draft

A patent attorney can draft the letter to the point with the right technicalities and correct phrases while keeping it discreet and easy to understand. The legal offices allot a certain amount of time for every patent case; hence it has to be short and precise. This kind of a draft is acceptable with the legal bodies as they can get the entire description precisely and in a short amount of time.

Four Common Mistakes with Patent Drafting:

  1. Describing the Function of the Invention

It is ideal to describe the functionality and its working specifics of the invention rather explaining the output that it will deliver. The output delivered by the invention is of no use to the patent examiner rather than to know how the invention is made or how unique it is.

  1. It should not be vague or simple

The most prominent mistake that happens is that when inventors describe how easy it was to create the invention, the dispute lies as such, if the invention is that easy to explain then it can’t be deemed patentable as the invention will become obvious. Key objective is to describe a simple invention with utmost details, its uniqueness, and productivity as compared to the existing inventions.

  1. Too Specific

While describing the materials that are used in the process or invention you should not get all technical right from the start, first, start with general technicalities and then get to specifics. For example, if the invention requires a glass you could say only that. That is probably too vague. If you say it needs a metallic glass that is more accurate, which is appropriate. The main significance lies in how the glass is hardened, specifically? Other materials/process can be used to create a similar property such as strengthened molecular ion. A precise description is, “a hardened glass material made by diffusing with chemical/metal substances, such as but not limited to, palladium, ion diffusion, or annealing.”

  1. Word Placement

Poor choices in wording can lead to blunders. Grammatical errors can drastically change the understanding of the patent.  Patent proofreading services.

For example, using the wrong preposition proved very costly to a company Chef America, Inc., it owned a patent on a baking process to make dough based products i.e. verbatim, the process that was patented was: “to be heated to about 400° F to 850° F.” When a rival company Lamb-Weston developed a similar iteration of product and its patented process was: “the dough was to be baked “at” 400° F”. Chef America, Inc. sued for infringement. The case didn’t make it through as the patent claim literally required the dough to be heated up to 850 degrees Fahrenheit and not “at 400° F”.

What Are the Parts of a Patent Draft?

As outlined in 37 CFR 1.77, the non-provisional patent draft includes the following thirteen sections:

  1. The title of your invention
  2. A cross-referenced list of any related patent applications
  3. A statement about any federally sponsored R&D —if applicable
  4. The names of all parties if there is a joint research agreement
  5. References to a “sequential listing,” any tables or computer program listings, as well as any appendix submitted to a CD or storage device and the incorporation-by-reference list
  6. Background information on the invention
  7. A brief summary of invention
  8. A short description of the drawings
  9. A detailed description of invention
  10. The claim or claims
  11. An abstract of the disclosure.
  12. Sequence Listing, if not supplied on a CD or storage device
  13. An oath or declaration

A provisional patent draft includes the following, according to 37 CFR 1.16(d):

  1. The name of all inventors
  2. The creator’s residential address
  3. The title of the invention
  4. Name and registration number of attorney or agent and docket number (if applicable)
  5. Correspondence address
  6. List of any U.S. government agencies with interest in the application

 F.A.Q’s

  • Can an inventor draft his/her own patent?

An inventor can write his own patent. Given that inventor is well versed with the terminologies and the claim grammar that has to be used. If not, then it is not recommended as the application will be denied. Moreover, the cost of filing is quite high, and even if you are successful, the scope of the patent is likely to be inaccurate leaving the patent vulnerable to action. It is better to hire a patent attorney to improve the chances of success of getting a patent and to make it sustainable as well.

  • Is the usage of a patent drafting software a viable option?

The definite review cannot be made because no matter how advanced and innovative the software is it cannot perform as good as the council and collaboration of an experienced patent attorney. Hence, it is advised to read the instructions carefully prior to use for filing patent claims.

  • I have a provisional patent. Do I need to file for a non-provisional patent?

A provisional patent application doesn’t issue a patent. You will be granted a pending patent status, after which further procedures have to be done in order to move from a pending stage to a full issuance of the patent. The sole purpose of a provisional patent is to give a filing date to the applicant who can later use that to claim priority during the formal non-provisional application.

  • Is there a deadline for filing a non-provisional patent?

To claim the benefits of a provisional patent application, a non-provisional patent must be drafted with the USPTO within one year of the original provisional filing date, or the benefit is lost.

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