Describe-The-Format-Of-A-Patent-Application -Menteso IP
Patent Application
16 Jan, 2023 0 Editorial Team

Describe The Format Of A Patent Application.

The format of a patent application is as follows:- A detailed application for a patent must be submitted, together with a specific “Request for the Issue of a Patent application form” located in Schedule II of the Patents (Amendment) Rules 2009 (Form No. 1). The online system for filing electronic patent applications includes a form.

The Patent Application Guide offers guidance on how to complete a patent application, such as how to fill out a paper Patent Application Form No. 1, proposal specifications, claims, drawings, and summaries, for applicants who wish to publish a patent application directly to the Intellectual Property Office of Ireland by mail.

If the applicant has not received special training in this area, it is strongly advised that they use the assistance of a patent agent. Patent law and procedure as well as the preparation of the specification, which defines an invention, are difficult subjects.

The Concept

The concept must follow the requirements of the Patents Act of 1992 and the Patents Rules of 1992, and it must be typed or printed on single-sided A4 pages with margins of 2 to 3 cm. Both the page numbers and the margins should be left blank. There must be two entries of the design.

The application describes the technical details of the innovation and defines it legally. It consists of four elements, which are listed below in the order that they should be present in an application:

An explanation of the invention,

The title,

Any applicable Claims, and

Drawings, if relevant to the application.

An explanation of the invention,

The headline is quickly followed by the description. It offers an in-depth description of the invention. It must contain all relevant information. To be understood by others, it must be complete and clear enough to allow someone with average expertise in the relevant field to recreate the invention without more explanation fully.

The description should give the invention’s history, as well as a description of any particular problems its answers, and its functions.

Please remember that once you have filed your application, you cannot edit the description or add more details.

A filing date cannot be ensured without a description of the innovation, which is the focus of the application for a patent.

The Title

The specification starts with this. Although it should be brief, it must clearly state the subject to which the innovation relates. Both the request for funding form and the specification should share the same title.

Any applicable Claims

The scope of the invention and the level of legal protection provided by the patent, should one be given, are both described in the claims, which come after the description.

The matter for which protection is claimed, along with its technical features, must be described in the claims. They need to be brief and clear and must be confirmed by the description.

Independent and dependent complaints are the two types of complaints. An implementation of an invention is described independently and includes all of its essential aspects. Dependent statements represent further performances that include beneficial but secondary characteristics or elements. These claims apply to the independent claim that specifies the vital invention.

Claims should limit themselves to applications and technical aspects rather than jumping to conclusions about the alleged benefits of the invention. The description of the invention may list the benefits.

The specification may include different claims for each of the following: a product, its production process, and any specially designed equipment used in that process. To ensure invention unity, therefore, each independent claim must refer to the same basic creative idea.

If there are multiple claims, they should be placed one after the other.

In the event that the claims are not filed with the application, they must be submitted within 12 months of the filing date or, in the event that priority has been claimed, within 12 months of the priority date.

The Drawings

The Drawings are not necessary. To understand the nature of innovation, a good drawing (or group of drawings) is usually quite helpful. Drawings may therefore be included with the description. They must be stated in the description text when they appear. They must be simple, clear, and free of unnecessary text. Drawings must be submitted along with the whole of the specification. The application filing date may be impacted by the late submission of drawings. Please note that descriptions usually contain chemical formulae.

The Abstract

The applicant shall also include an abstract in addition to the specification. The invention can be summarised in this short summary. The title of the invention as it appears in the specification and the application for a grant must be the first sentence of the abstract, which should be written on a separate page of the A4 paper. It should be no more than 150 words in length and should contain the invention’s major characteristics.

If it hasn’t already been filed along with the application, the abstract must be submitted within 12 months after the application filing date (or priority date, if one is claimed). Abstracts are not part of the specification and aren’t used to figure out the level of protection required. Instead, they offer a technical description of the invention for storage and recovery purposes, helping third parties decide whether the application as a whole could be something interesting.