Patent Drafting Guide

Overview of Claims

Important aspects of patent claims

Claims must be clear

A person drafting the claims must draft the claims in a clear and precise manner. Any discrepancy in the claims will lead to speculation by the person reading the claims. The use of words like “such as”, “thin”, “when required” and “so on” should be avoided to remove obscureness in the claims. Therefore, claims must be clear to the person reading them.

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Basics of writing a patent claims

Drafting patent claims

A patent application is drafted for an invention which has been found patentable by the Intellectual Property professionals. Drafting a patent application requires an in-depth and complete understanding of the invention or idea. It is highly important for the person drafting the patent application to be clear about the novelty of the invention and how the invention works in reaching its goal. After the novelty and the process is clear, the first step in drafting the patent application is the drafting of claims. Claims define the scope of the invention in a legal way. Claims are the most important part of the invention as it defines the boundaries of patent protection.

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Drafting Background of the Invention

Describing the background of an invention in a patent application

Background of the patent application describes the state of art in the context of the present invention. In addition, the background section serves to disclose closest prior arts. It tells about limitations of the prior arts or differences of prior arts from the present invention. In addition, it describes the need of the invention.

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Describing an invention in a patent application

Title and field of the invention for patent application

Title of the invention is a useful source of information in a patent application. The title should be informative and placing the title of the invention at the top of the first page of the specification is a general practice for describing the invention in patent application. Generally, title of the invention in a patent application is used to convey main content of the invention.

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