Patent Drafting Guide

Detailed description of the patent application

Drafting detailed description of the patent application

The detailed description section of patent application provides a complete description of the invention with all the possible embodiments by which invention can be performed by any person. The common practice for drafting the detail description of the invention is to describe the invention with reference to drawings, so that it can be performed by any person skilled in the art. Moreover, the detailed description is used to enable the claims of the patent application.

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Abstract of a patent application

Drafting abstract of the patent application

The abstract of the patent application is concise summary of the invention. The abstract should clearly specify the nature of the disclosed subject matter. The best practice for drafting the abstract of the invention is to use the language of the summary section. If the summary section of the patent application contain more than one paragraph, than abstract of the patent application should be drafted by using the one or more paragraphs of the summary section. The one or more paragraph of the summary section should be combined into one single paragraph. The Abstract is written by paraphrasing the independent claims only. However, in case of the multiple independent claims, only the first and foremost independent claim is paraphrased for drafting the abstract section of the patent application. The abstract of the patent application should be drafted in such a way that it makes the invention easily understood by anyone as it is mainly used for searching of the patent.

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Brief Description of Drawings in a Patent Application

Drafting of brief description of drawings in a patent application

The Brief Description of the Drawings section provides an overview of the drawings.  The brief description of the drawings briefly describes the drawings in the patent application.. Usually, separate, single sentence or paragraphs are used for each figure. The general format used for the brief description of drawings in a patent application is given below:

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Summary of a Patent Application

Drafting summary of a patent application

The summary of an invention should include the entire invention in clear and concise language. The language of the summary should be direct without legalese and should explain the invention broadly. The claims can be used to draft summary of the invention. Usually, claims are paraphrased to write the summary of the invention.

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Drafting of Patent Claims

Best Practices for Drafting Claims in a Patent application

According to the Intellectual Property professional who specializes in writing patent application, there are some key practices which a person drafting the patent application should follow to draft a good patent application. Some key practices for the drafting of claims in the patent application are given below:

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Scope of claims in a patent application

Determining the scope of claims in a patent application

The patent claims define what the patent eventually protects. The claims provide a set of rights to the owner of the invention. However, the significant issue faced by person drafting the claims is to determine the scope of the invention. The claims in a patent application specify the scope of the invention. Therefore, it is very important to study the scope of the claims because it is the claims which eventually decide the inventor’s monopoly protection. The scope of the invention is determined by its claims and the scope of the claims is determined by the words used in the claims to express the invention. Therefore, it is very important that the words used in the claims must not limit the scope of the invention.

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Special type of patent claims

Markush claim, Jepson claim and Means-plus-function claims

Markush Claim

A Markush claim is a claim which is mainly used for providing protection to inventions which are associated with the field of chemistry. Markush claim composed of one or more markush structures. The markush structures are used to represent chemical symbols which show a wide collection of chemicals having the same structure. The inventions which deal in metallurgy, pharmacy, ceramics, pharmacology, and biology are most of the times protected using Markush claim. The Markush claim was named after “Eugene Markush”, the person who first used them in U.S patent. The Markush claims are used to lessen the number of claims which has financial importance the as only particular number of claims are allowed and additional claims applicant need to pay an extra fee for each claim. The format for writing a Markush claim is “selected from the group consisting of A, B and C”.

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Types of Claims

Types of Claims based on the invention

The person drafting the patent application should have a clear understanding of the invention for identifying the structure of the claims. The structure of the claims depends on the invention; however, it is important to decide the type of independent claim or dependent claim while drafting the patent application to meet certain requirements of the invention.

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Types of Claims

Types of claims based on dependency

The drafting of a patent application initiates with the drafting of claims. Therefore, it is very important for a person drafting the claims of the invention to have a complete knowledge about the structure of the claims. The structure of the claims defines the way in which claims in a patent application are written. The structure defined for presenting the claims in a logical way so that the reader has an ease of understanding. The structure of the claims consists of one or more set of claims. A set of claims composed of one or more independent claims and dependent claims. The types of claims based on dependency are described below.

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