Patent Drafting Vitals, as its name suggests, is surely an art. An art that assembles both basic, complex claims and its functionalities into one simple and single draft. This draft must include everything regarding your invention, from its very physical to the complex in-depth majors. The emphasis is on the how to draft patent claim, rather than on the history and theory of claiming. You can think about multiple examples of all types of claims which a practitioner is likely to draft. A good patent application is the one whose patent draft is complete & well-stated. But, drafting a patent application is not an easy task. Since it deals with every aspect of your invention, such as usefulness, novelty, and non-obviousness.
Do you know patent drafting is not as easy, as you think? Read to learn: Patent Drafting: “Not Everyone’s Cup of Tea”
In many cases, inventors fail to describe their invention appropriately. They think that the invention which is obvious to them is also obvious to others. However, on the basis of patent laws, a patent application must explain the invention in full detail. So, how you initiate and finalize your patent draft, simply depends upon you?
Patent Drafting Vitals: Let’s Know Them!
In our article, we have gathered the 5 major patent drafting vitals. Keeping them in mind, you can surely get a good patent draft for your invention.
- Patent Enablement: Sufficiency of the invention disclosure
Patent enablement is the first requirement to get your patent draft with the rightful essentials. Its major objective is to make sure that an explanation of every disclosure is well-explained. Even after the patent expiry, the skills available in the industries can again make and use the invention. It is an integral part of patent bargains. It’s independent of the patent application type. Whether you file a provisional or a non-provisional patent application, it always plays a major role. As it provides details to someone unfamiliar with your work/ work field. It is among the most significant patent drafting vitals.
- Best Mode Requirement: Best practicing methodology at the filing time
It is very indispensable to include the best mode requirements. This means that the inventor is supposed to disclose any preferences available in their patent application. Its major objective is to prevent other inventors from applying for patents and hiding preferred embodiments from the general public. Moreover, the application must include even the minor details of the invention.
- Appropriate Data Presentation: Inclusion of most accurate data
Providing the most appropriate and accurate written description of your patent application is a must. It presents a platform that defines the boundaries of your invention in front of its readers. Stating some other undefined variation might weaken your invention boundaries. This will allow your readers to understand the meaning by themselves, which straight away means blunder. You are not allowed to make any change or add detail without a new filing date.
- Invention Specificity: Inclusion of precise information
One of the biggest mistakes inventors make is that they simply fall short of the specificity required. Moreover, it is always good to describe an invention so that an individual can read and understand. However, many inventors think that it is unfavorable to get a broad patent for their invention. Hence, they try to avoid including details. Now, that’s another big mistake which cannot be recovered. An invention’s description without any specifics will result in claims which cannot be issued. And, even if issued then the patent will be easily challenged.
- Instruction Manual: Incorporation of specific guidelines
A manual instruction plays an important role in making and using an invention. Using it, specific attention is paid to described modifications, specific embodiments, and many other alternatives. In this, drawings also play a major significant role. They are considered as the best way for disclosure expanding. A good drawing can be one or more depending upon the patent application type. More the drawings, more the details explaining your invention.
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