Patent Drafting: A Step-By-Step Guide -Menteso IP
patent drafting
24 Nov, 2022 0 Editorial Team

Patent Drafting: A Step-By-Step Guide

What is Patent Drafting?

The lengthy process of applying for a patent requires the inventor to give a detailed description of their invention. This description must describe all the elements of the invention that make it unique and innovative in order to show why it is. The name of this procedure is Patent drafting. This is performed to verify the originality of brand-new inventions and to protect them.

Writing a patent is the first step in securing a brilliant creation. Many inventors have proven over the years how powerful an idea has the capability of changing the world. Ideas are the source of some of the most appreciated artistic creations in human history. If a concept is quite well, it can be worth millions. However, in order to profit financially from your idea as an inventor, You must first show your originality. The topic in discussion is crucial in this situation. Here is everything you need to know about patent drafting in order to protect your idea’s intellectual property rights.

But first, let’s define a patent.

An example of an intellectual property right is a patent. It is a solid legal and technical instrument that gives you the only authority to promote your invention. It also secures your inventions and ideas from piracy, reuse, and copying. You can ban other organizations from using your idea for monetary benefit by applying for a patent.

Real scientific and technological innovations regularly enjoy patent protection. Though most products generally consist of multiple separate aspects, In order to protect certain particular technological innovations, Patents are an influential concern in a product’s greatness. For instance, you might not be able to patent a cell phone, but you could be eligible to apply for a patent for the special application codes, screen technology, or even the kind of battery. you must complete the patent writing and submitting process, to guarantee that you, the inventor, are the only one to earn from your creation.

Patent Drafting: Guidelines

After creating your team, you can move on to the next process, which includes methodically preparing the patent. An instruction guide for creating a patent is provided below.

  1. Check if your invention is patentable

The first step in writing a patent is to verify whether your innovation is indeed patentable or not. A complete patentability search will be necessary to determine whether you have any chance of getting the patent. The search should ideally be done for both patented and non-patented sources. A thorough examination of an invention’s patentability helps inventors in determining the value of their creation and the possibility that they will be successful in securing a patent.

Additionally, you may be able to improve your idea by using the interconnections discovered before applying for a patent and make sure you do not really file a patent for a piece of intellectual property that already exists. But, this action is wholly optional. Although it requires a little extra work at first, it can ultimately save you a lot of time (and money).

  1. Fill out the patent drafting application

If you’ve increased to the application stage, you must complete Form 1, the Indian Patent Application Form, and Form 2, the patent specification form, and submit them. You would have to file either a temporary or Depending on which Indian state you are in a complete patent application.
If your invention is still in progress, blocking the filing date, it is a suggestion that you choose the provisional application. You have 12 months to submit the whole specification, giving you plenty of time to test and improve your idea.

  1. Fill out the necessary forms to complete your patent application

Many extra forms must be submitted with your patent application in addition to the previously mentioned Forms 1 and 2. Whether you’re applying for an international patent, a local patent, or a patent in India as a foreign applicant, the documents you supply will depend on whether you’re filing a patent in India as an Indian resident. The necessary forms are given below:

  1. Form 3: participation statement for a foreign application. This form, which comes under Section 8, is only necessary if you’ve submitted a similar patent application abroad.
  2. Form 5:An innovation declaration. In addition to the complete patent application, this form must be submitted.
  3. Form 26: Document confirming a patent attorney, agent, or other experts. Only if you decide to use professional assistance in the patent drafting procedure, must you complete this form.
  4. Form 28:For small and new businesses. Only if you are claiming that your invention qualifies as a small firm or start-up must you submit this form.
  5. Priority Documents: If you are visiting India and want to claim priority for your patent from a foreign application, you must provide a few documents. As an example, you would require proof showing that you had submitted the patent in one or more foreign nations.

Things to remember about patent drafting

  • Depending if you’re filing a temporary permit or a full patent, you need to be especially careful when preparing the patent.
  • The expense of hiring a professional to help with the allegation process may prove to be well for it.
  • Fill out applications completely, accurately, and fairly to prevent disqualification.
  • If you need support and you are a foreign national presenting an application for just a grant of patent in India, you may give power of attorney to an Indian citizen.

Without a doubt, the entire process from the patent’s preparation to its approval can be drawn out. So, after you have your patent certificate, the work will always seem beneficial. Even though it takes time and money to write a patent, doing so can realize the benefits for both the idea and the creator.