Patent Drafting All You Need To Know -Menteso IP
Patent Drafting
11 Mar, 2022 0 Menteso Editorial Team

Patent Drafting All You Need To Know

A patent is a technical, legal document that protects your ideas and innovations against theft, reproduction, or reuse. In simple words, it protects your technical hard work from being stolen, or from being profited off without your explicit permission.

What Patent Drafting is?

Patent drafting is a part of how to patent an idea and is the way of writing the patent description and claims. It is at the center of each patent application. When the patent is given or permitted, the draft fills in as the specification part of the document.

What Patent Drafting is NOT?

Often an innovator wants to complete the patent drafting process by providing an essay, journal article, or a business plan that outlines the innovation. The documents like these are of restricted use.

For what reason do You Need to Know About Patent Drafting?

Collaboration between an attorney and the innovators is an essential part of the patent drafting process. The attorneys should comprehend the innovation in detail, all of its claims of usefulness, just as what recognizes it from comparable existing products or processes. Disappointment in this area increases the chances of the patent application being denied by USPTO.

How Do You Draft a Patent?

Firstly, your patent attorney has you complete an innovation disclosure contract. This allows you to communicate the information about your innovation in enough detail for the attorney to comprehend the innovation. At this time, your attorney starts drafting the patent application beginning with the claims made about the design.

Once your patent attorney precisely captures the scope of the innovation in the draft claims, the innovator or a draftsman begins preparing any required patent drawings to help further explain the claims. In some instances, the pictures depict existing innovations to make a proper distinction between those items and the innovation that you are applying for.

During the patent drafting process, there are numerous collaborative discussions between you, the draftsman, and the attorney. It isn’t uncommon for the extent of the claims to change somewhat during this time. When these changes occur, it is likely an effort to further distinguish the new invention from existing ones. Changes could also be related to a new or broadened comprehension of the innovation or its uses.

What Are the Parts of a Patent Draft?

The patent draft includes the following sections:

1. The title of your innovation.

2. A cross-referenced list of any associated patent applications.

3. References to a sequential listing, any computer program listings, just as any appendix submitted to any storage device and the incorporation-by-reference list.

4. Background information on the invention.

5. A summary of the invention.

6. A short description of the drawings.

7. A detailed description of the invention

8. The claim or claims.

9. An abstract of the disclosure.

10. Sequence Listing, if not supplied on any storage device.

Patent Drafting: A Clear Writing Is Key

Some people fight to write the simple and concise verbiage required for patent drafting. The summary paragraph for a patent ought to encapsulate the entire innovation. This kind of explicit writing zeroes in and gets to the point without any tedious explanation. It requires removing all passive voice and tracking down the correct phrases that express the idea while sorting out the content in a way that expresses the information definitively.

When a patent application is difficult to read or comprehend, it hurts the applicant, in many ways. First, the more complex the document is to read, the less likely it is that you will read the patent application thoroughly, and so you may miss errors and omissions. Too often the candidate gives up halfway through the document and skips ahead to the signature page. The result is an application that may or may not include what you expected.

Secondly, the patent examiner or analyst may not read the patent application. The examiner normally knows the claim extremely thoroughly. However, because this individual only has a restricted amount of time, the more time they spend trying to find or comprehend the claim language, the less time spent doing the actual patent searching. This results in rejection or possibly an allowance that is less thorough.

If the patent is ever litigated, a confusing draft can frustrate and disturb judges. A poorly written patent application may also leave open entryways for litigants on either side to interpret the language in an unintended way. This is expensive for all individuals.

Steps to Patent Drafting

Whenever you have chosen a qualified patent attorney, the following steps prepare and file your patent.

1. The innovator fills out an innovation disclosure form. This is a questionnaire that incorporates logical inquiries to catch information that explains the novel and innovative features of your innovation.

2. After reviewing your innovation disclosure form, the patent attorney schedules a meeting to make certain they fully comprehend the technology, idea, or process you want to license. Take this opportunity to explore any other possibilities of your innovation by expanding the scope. It is useful to consider any future changes and enhancements you conceptualize, just as whatever other industries that could utilize your innovation.

3. Creating sketches and drawings is a significant step that you as the innovator are specially positioned to provide. If you have any background in engineering or drafting, you may be able to carry out this step by cooperating with your patent attorney.

You need to prepare free-hand drawings or sketches that assist the patent examiner with visualizing the different elements of your innovation. For product claims, this includes a broad system architecture. For method claims, this includes any algorithms used. Include each claimed aspect of the innovation. This step is significant to help the attorney in structuring the patent claims.

4. Patent description drafting settles the patent claims and patent figures. Then it is time for the patent attorney to describe every component in detail for every aspect of the patent claims.

5. Once all other parts of the patent application are prepared, the “abstract” is composed. This is a summary or outline of your innovation. All of the main components are listed and kept as basic as could be expected. 

6. Before the patent application is filed, the draft is prepared for you to read. Examine it thoroughly before signing off on the completed draft. Schedule one last meeting to go over any inquiries you have, whether it is the language of the report itself or something related to the process and what to expect going ahead.

The process of patent drafting is long and laborious. While it is possible to accomplish patenting without a patent attorney, it is not advised. There are numerous deadfalls and risks associated with patents issued without proper documentation. The failure rate of patent issuance increases definitely without the help of a patent lawyer.