Patent Drafting refers to the process of writing patent specifications to describe the invention. It is the basis for securing patent grant. Thus, while you drafting a patent application, you must ensure that your patent draft is error-free, accurate and comprehensible. A patent draft is the most crucial aspect of the patent prosecution cycle. With that said, the applicant can not afford to commit patent drafting mistakes while preparing patent application.
The chance of securing patent grants totally depends upon the quality of patent draft. A good patent draft surges the chances of securing patent. On the flip side, a bad quality patent draft drastically declines the chances of getting patent rights for your invention.
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Common Patent Drafting Mistakes To Avoid
Let’s talk about the common patent drafting mistakes that you should keep in check if you are preparing your patent draft yourselves. These are the common flaws that may go unnoticed by investors or applicants trying to file a patent application.
Lack of Proper Description
One of the most common mistakes that an investor can commit unknowingly is not disclosing the description of the invention in a proper way. This usually happens when an investor tries to prepare a patent draft on his/her own. There is a proper way to define or describe your invention. Instead of focusing what your invention does, you should begin with what your invention is and what purpose does your invention serve.
While preparing a patent draft, you must make it comprehensible so that anyone can understand it easily. The investor and applicant must not assume that the reader will understand what your invention is all about. The vague description of the patent draft will lead to rejection of your patent application.
Inconsistency in Patent Draft
While preparing a patent draft, you must be consistent with the use of terms. This is one of the important aspect of creating a high-quality patent draft which is often overlooked by investor or attorneys who lack knowledge. The use of inconsistent words or terms opens up the exposure to the patent litigation. The choice of words in patent draft may bring consequences during the patent litigation.
Overlooking the USPTO guidelines
Drafting patent claims without adhering to the rules and guidelines is another common mistakes that an applicant or investor can make while preparing patent draft. Patent Offices define such rules. These rules are to be followed while drafting patent claims. If an applicant fails to follow the guidelines for drafting patent claims, it raises the ground for objection. Most of the rules are common across the jurisdictions.
Preparing Claims Too Broadly & Specifically
Drafting claims too broadly and too specifically can have its impact on the grant of patent rights for your invention. If the claims are way too broad to increase the scope of protection, it increases the chances on infringing upon the another patent. Thus, it is important to draft claims specifically which are definite and concise. On the other hand hand, if the drafted claims are too specific, it limits the scope of protection of the invention. Thus, you must make sure to present patent draft claims that defines the scope of your protection.
Tips to Avoid Patent Drafting Mistakes
A patent draft carries a various content. It includes written description of invention, title of invention, background of invention, abstract of the invention, detailed claims. Drafting a high-quality patent application is of utmost importance. Below, we have mentioned 5 tips that could assist you in churning out a high-quality patent draft. Keep these things in mind while preparing a patent draft.
- Be Specific – The patent draft should be specific. It should not contain any unnecessary stuff. Instead it must carry complete and to the point information about your invention. A Patent draft should carry all the contents which includes title of the invention, background details, drawings and summary.
- Awareness about the invention – One of the things that you should keep in mind is that the readers have no idea what your invention is. You should prepare a patent draft in a way that it makes it understandable to those who don’t have technical knowledge. A patent draft that is comprehensible and precise increase the chances of getting patent grants. This will be helpful during the examination phase of your invention.
- Knowledge about the USPTO guidelines – While preparing patent draft, it is important to have awareness about the USPTO guidelines for patent draft. Make sure to follow these guidelines while preparing patent draft and keep it as priority. The applicant should follow the proper order – Title of the invention, background information, invention summary, explanation, description, claims, abstract of disclosure, and a sequence list.
So, these are the some tips that can help you in preparing an engaging patent draft. A patent draft which is meticulously created helps in securing patent grants. The examiner does not get bored while reviewing your patent application.
Hire PDC for Drafting High Quality Patent Draft
Patent Drafting Mistakes occur when an investor or an inexperienced patent attorney prepares a patent draft. This is likely to decrease your chances for securing patent grants for your invention.
Patent Drafting Catalyst (PDC) has a team of experienced patent attorneys who can help you in drafting high-quality and engaging patent draft that are enforceable. We have a team of subject matter experts who are proficient in what they do to help clients from around the world.
At PDC, we offer cost-effective patent drafting service at a minimal amount of time. Our team helps you at every stage of patent prosecution cycle. To know more about us or our services, get in touch with us.
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