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A patent draft is at the very core of getting a patent grant. It is about taking the very first step of your journey towards a patent grant. It comprises the specifications and the claims of the invention in detail. Furthermore, prepare a patent draft as per the format of the jurisdiction in which you want to get the patent grant. For instance, for getting a grant in the U.S., prepare the draft as per the USPTO guidelines. The composition of the Patent draft as per the USPTO must include claims, abstract, specifications, drawings, and an oath/declaration. A provisional application (incomplete application) draft is devoid of claims.
Also read: Patent Proofreading Benefits: The Best Five
12 Major Contents of a Perfect Patent Draft must include:
The contents of a patent draft are more or less the same, but the format differs from one jurisdiction to another. Also, preparing a patent draft at first place is all about writing a crisp and clear content in a legally accepted format. Parts of Patent Draft for a Non-Provisional Application (complete application) as per USPTO include:
- Invention Title (10-15 words): A title should reflect the objective of the invention. Hence, keep the title precise as it provides a subtle idea about the invention.
- Cross-reference patent applications list: a cross-reference works as a reference link for the current patent application. For instance, a provisional application works as a cross-reference for a non-provisional one. It is the parent application from which we get the benefit of claiming a priority date.
- Statement regarding federally sponsored research or development (if any): some inventors take government support to come up with an invention. In this case, the government too has certain rights under the invention. Moreover, the Government License Rights statement follows immediately as the second paragraph.
- Reference to a Sequence Listing (if any): when we file a biological patent application in reference to a previously filed application which contains sequence listings on its date of filing. Those sequence listings form part of the application as originally filed.
- Invention Background: it talks about the related inventions or the prior art of the claimed invention. Break the background in two parts – the field of the invention and the background of the prior art. Section 37 CFR 1.77(b) (7) suggests that a patent application should include a background of the invention.
- Invention Summary: summary represents the crux of the invention. A properly written summary depicts the exact nature, operation, and purpose of the invention. This, in turn, works as a reference for future prior-art searches. Be mindful of keeping the summary before the description of the claimed invention.
- Drawings Views and Description (if any): this includes a brief overview of the drawings. Justify them in separate single sentences for each figure within 1-3 lines. Consider covering all the views i.e. top view, side, horizontal and the cross-sectional view. Be mindful of following USPTO drawing rules while drafting the same.
- Invention Description: describe each and every aspect of the invention in detail. Moreover, write the description in such a way that a person skilled in the art can make use of the invention.
- Patent Claims: Patent claims clearly define the invention for what we seeking patent protection. The drafting of the patent claim(s) decides whether your invention is novel or if it is infringing upon someone else’s invention. You can also add omnibus and Jepson claims as per your requirements.
- Disclosure Abstract: it is a concise statement regarding the technical disclosure discussing the newness or novelty of the claimed invention. You can follow 37 C.F.R. 1.77(b) which states that every patent application must include an abstract of disclosure.
- Sequence Listing: mention a list of amino acids/nucleotide sequences if you are seeking patent grant for a biological invention. Filing a sequence listing via EFS-Web in PDF format is not recommended. A sequence listing in PDF format is equivalent to a paper copy required by 37 CFR 1.821(c). This would require filing both a separate CRF and a statement that the written copy and the CRF are identical as required by 37 CFR 1.821(f).
- An oath or declaration: any person who files a patent application under USPTO has to take oath or declaration. This is in accordance with sections 37 CFR 1.66 and 37 CFR 1.68 respectively. A statement under oath or declaration asks that the declarant should give his/her authority for preparing the patent application. Here, the declarant is essentially the original inventor or the joint inventor of the claimed invention. For detailed knowledge, you may refer to MPEP 602.01(a) USPTO.
Also read: Patent Proofreading Benefits: The Best Five
Tricks of delivering a Precise Patent Draft/ How to deliver a Precise Patent Draft:
Developing a patent draft is the very first milestone for getting a patent grant. The idea is to provide an elaborative idea of your invention that too in an easy language. Therefore, one can’t go wrong in any part of preparing a patent draft.
Knowing the importance of a patent draft, let’s learn the tricks that help prepare a patent draft that fetches a patent grant for your invention.
- Detailed yet Specific Draft: write information in detail and at the same time keep it to the point or specific. Save yourself from beating around the bush while delivering a draft. Portray the background, technical details, and drawings in such a way that it doesn’t raise ambiguity at the time of prosecution.
- Clarity of Claims: claim(s) is the building foundation of a patent draft. The award of the patent grant is largely dependent on the claim(s) since it describes the scope and novelty of the invention. Be mindful of always drafting the claims first. This helps refine the idea of the invention in the minds of both the inventor and the agent. While doing so, always remember to file claims with broader scope first. Gradually move towards writing claims that are specific and are dependent on the independent claims.
- The Narration of Specifications: portray the specifications in such a way that a person with some basic of the knowledge in the domain can understand it easily. While writing the specifications, never deviate from the main objective of the invention.
- Always Follow the Guidelines: of the respective patent offices of your jurisdiction from the very first stage of patent drafting. Always maintain an order as per the patent office guidelines. According to the USPTO, the sequence is- invention title, background information, invention summary, explanation, description, claims, abstract and a sequence list.
- Never Hesitate to Ask for Help: patent agents and experts are there to help out. They hold technical and legal expertise and prowess in different domains. They are well-versed with the guidelines of patent offices of different jurisdictions. With the best of their expertise, one gets a patent draft that sails through the storm of prosecution.
Why trust our services?
Our team, at Patent Drafting Catalyst, of 100+ expert patent drafters ensures that your patent draft passes through every toll gate of prosecution. The quality of a good patent draft outshines when it stands tall against the technological advancements and infringers. Moreover, we make sure that our clients do not spend a fortune getting a patent grant. We serve our clients in many countries providing our services at budget-friendly rates. We cover the domain of patent services which includes patent drafting, filing, patent drawings, paralegal services and many more.
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