Patent drafting is at the core of every patent application. You need to understand various fundamentals of the patent application, including the process of writing the patent description and claims. A patent is divided into a specification, drawings, and patent claims, and the combination of these components will protect your invention. Patent claims are an essential component of a patent specification, and it defines scope or extent of the protection that a patent can offer. A patent may contain drawings that illustrate the invention, embodiments, or prior art. Patents are complex legal documents, and you must draft their various elements effectively to get them approved by the patent office.
Patent application drafting is a collaborative process between an attorney and the inventors. Hence, the attorney should have a clear idea about your invention and how it differs from the prior art. Patent drafting for beginners requires comprehensive research, planning, and hard work to get the various elements right. Patent draft functions as the foundation of a patent application, and once the patent is granted or issued, the draft acts as a part of the specification. Since the drafting process requires an unambiguous description of the invention using the right technical terminologies, most inventors outsource the drafting process to patent draftsman.
The inventor can provide the draftsman with the necessary details to understand the invention in detail, including its claims of usefulness, and how it is distinguished from similar existing products. You need to complete an invention disclosure contract before they initiate the process of drafting a patent application. The entire patent drafting process will include various collaborative discussions between you, the draftsman, and the attorney.
Since a patent application is a techno-legal document as it details the technical aspects of the invention and the legal limits of the protection embedded therein, you need to understand the following aspects of the patent drafting process.
Three Elements of Patentability
Patent drafting generally starts when the patent attorney receives information on the invention from the applicant. It will enable them to carefully decide if patent protection for the invention would be worthwhile. It helps them to gauge the patentability of an invention. The patent application should effectively convey the practical utility of the invention, i.e., you need to prove that it has a useful purpose. The invention must be original, it can also improve on an earlier product or process. To determine the novelty of your invention, you need to check your product for prior art by conducting a thorough patent search. Moreover, the invention must be non-obvious, which insists that your new idea cannot be something that anyone can easily imagine.
Components of a Patent Draft
Generally, the contents of a patent draft are
- The title of your invention
- Background information on the invention
- A summary of the invention
- Background of prior art
- Brief description of patent drawings, detailed description of the invention,
- Patent claim(s)
- An abstract of the disclosure
- An oath or declaration
Common Mistakes in Patent Drafting
Inventors usually spend too much effort in describing what the invention does and tend to neglect the importance of detailing what invention is and how it works to deliver the proposed functionality. The application should focus on these aspects too. The draftsman must use the right phrases so that it does not sound vague. There should be no poor choice of wording that can affect the approval of the application.
Why Choose Patent Drafting Catalyst?
The right draft will effectively capture the essence of the invention. Ensuring appropriate coverage for your invention will enable you to produce high-quality patent applications. The services of Patent Drafting Catalyst assist patent agents, law firm attorneys, and enterprises. Every year, our staff of over 100 patent drafters, each with at least ten years of experience and extensive knowledge and competence in the industry, drafts over 1500 applications. PDC was successful in drafting and enforcing patents against infringers, earning us confidence, respect, and additional business.
For more information, visit Patent Drafting Catalyst Services.