What Is A Patent Draftsman? What Does A Draftsman Need To Have? -Menteso IP
Patent Draftsman
11 Mar, 2022 0 Menteso Editorial Team

What Is A Patent Draftsman? What Does A Draftsman Need To Have?

Every time, people come up with a unique invention or idea, it needs recognition and security. It can be obtained only through patent filing for that particular invention or idea because the patent laws ensure that no one else claims for the same idea and gets credit for something which is not even original. Every nation has its laws and rules for patent filing and the patent draftsman should acknowledge and proceed accordingly. It is a robust statutory and technical document that gives you the exclusive rights to capitalize on your idea. Additionally, it shields your ideas and inventions against duplication, reuse, and robbery. By applying for a patent, you can guarantee that no other entities can commercially profit from your invention.

What is a patent draftsman?

Patent drafting is a fundamental step in achieving a patent as it specifies the invention. It is the process of writing patent descriptions and claims. It is the essence of every patent application.

A person who writes a patent application is generally considered a patent draftsman.

A patent is a legitimate document. Hence, it must include the required language and clauses to assure that your ideas are preserved. Since patent lawyers and professionals are well-versed with the different laws governing a nation, including patent laws, it can prove remarkably advantageous to collude with such an individual during the patent drafting process. However, before you disclose your invention to them, ensure that they sign a Non-Disclosure Agreement (NDA). Ensuring your legal representative has fully grasped the details of design is crucial. If they do not, they may not be able to do justice to the patent drafting process – defaulting which the possibilities of your patent grant may be revoked. Therefore, it is suggested that inventors endeavor guidance from more qualified patent lawyers.

Also Read: Patent Drafting Services (Protect Your Ideas And Inventions)

What does a draftsman need to have?

The patent draft should compromise following points so as to get a positive response from the jury.

 The headline of the Discovery

The title of the innovation should be concise, precise, and descriptive. It should be located at the head of the specification page and not carry less than 500 words. The title should not include articles such as a, an, the or expressions like new, improved, etc. It will be discarded by the USPTO.

Penning down the technical area

After the headline, the technical field is needed to fill. It should tell about the technical background or the technical area in which the invention is made. If the invention is the solution to the previous invention’s problem, it should also stipulate that. The Background should clearly depict the intention behind the invention.

Statement of discovery

The specification extends and the statement of the invention is then drafted which shall correspond to the claims. Sometimes, the statement of the invention will solely be words to the effect. Nevertheless, we usually favor restating the claim as a whole, because it makes the stipulation more comfortable to read and understand without having to continually refer to other pages. The specification should then explain the benefits of the invention, relating it back to the problems with the former art which were set out earlier.

Brief description Of Discovery

This part of the specification should specify at least one working representation of the invention in detail. Usually, this is done with reference to drawings. The objective of this division is to meet the legal obligation that “enabling disclosure” must be presented, to permit a skilled person to make the invention. It is not mandatory to describe each part of the invention as this job can be done by statement and claims. However, the detailed description should contribute as supportive statements to claims.

Claims in patent application

The claims are the statutory interpretations of the protection which is solicited. They are the most essential component of the application document. Although they come at the end of the specification, most attorneys fancy drafting the claims first. The claims should be clear in their own right as far as is possible and define something which is new, inventive, and fully backed by the disclosure. The claims should eventually be evaluated in the light of the entire description, but that does not present a ‘get-out for careless drafting. The claims must be wide enough to accommodate commercially useful protection – there is no point in having a patent that can be bypassed by changing an insignificant detail.

Generally, claim 1 will define the fundamental features of the invention. Consequent claims will include all the features of claim 1 by reference, and each ‘dependent’ claim will then assign one or more additional, optional features. Each claimed characteristic, including the optional features, should have at least one arguable authority, which should be defined in the body of the stipulation.

Abstract of the Disclosure

Each application must incorporate an Abstract of the DisclosureThe content of an Abstract should enable the reader to instantly discover from a cursory inspection the nature and gist of the technical disclosure and what is new. The abstract should not point to purported advantages or uncertain applications of the invention and should not compare the invention with the former art.

Where relevant, the abstract should comprise the following:

  •  if a machine or apparatus, its organization, and operation; 
  • if an article, its method of making;
  •  if a chemical compound, its identity, and use;
  •  if a mixture, its ingredients; 
  •  if a process, the steps. Extensive mechanical and design details are unnecessary.

Bottom Line

It is crucial for the draftsman to draft a patent application with full attention, holding no scope for rejection. The patent laws of every nation are stern and it’s compelling to adhere to them in order to get your invention patented successfully.