Efficient drafting of patent applications involves incorporating all possible embodiments and the broadest scope of the invention in light of the existing art. The biggest mistake the drafter can make is not to write clearly. The patent claim drafting process requires cautious and specialized attention. The error of a single word, or even using the wrong word, can result in the difference between a bogus patent claim and one with quality and value. Therefore, it is important to have a comprehensive and adequate description of the patentable invention.
Here are some tips to follow while drafting a 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.
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.
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:
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.
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:
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.
Parts of a Claim
A claim is generally presented in three parts. The three parts are known as Preamble, Transitional Phrase and the Body. The three parts are explained below in detail.
Markush claim, Jepson claim and Means-plus-function claims
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”.
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.