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Patent Drafting: Everything You Need to Know

<br><br>The patent application drafting process involves drafting claims, specifications, and drawings. The wording plays a decisive role in determining the scope of protection obtained by the patent.<br>India has ratified the agreement established by the World Trade Organization (WTO). The agreement, among other things, focused on Trade Related Aspects of Intellectual Property Rights (TRIPS). This agreement establishes the emergence of an understanding of the importance of intellectual property in India.<br>

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Patent Drafting: Everything You Need to Know

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  1. Patent Drafting: Everything You Need to Know

  2. The patent application drafting process involves drafting claims, specifications, and drawings. The wording plays a decisive role in determining the scope of protection obtained by the patent. • India has ratified the agreement established by the World Trade Organization (WTO). The agreement, among other things, focused on Trade Related Aspects of Intellectual Property Rights (TRIPS). This agreement establishes the emergence of an understanding of the importance of intellectual property in India. • Patents are one of those intellectual properties that is common and known among the general public. Patent protection is granted to an invention that is novel, has an inventive step and has industrial applicability.

  3. Understanding Patent Drafting • The patent is a legal document that grants the exclusive right to control the use of the invention for which the inventor has claimed a patent. The exclusive power over the invention is for a limited period of time and is valid in the limited jurisdiction. • Patent drafting is a process that involves drafting claims, drawing, and drafting specifications. The drafting part of the patent application plays an essential role in the enforcement of patent rights and their future maintenance. • The patent application is also known as a patent specification. • There are two types of patent applications involved when applying for patent protection: • provisional specification • full specification • Both the application are techno-legal documents and require experts who understand the underlying technology used in the invention, in addition to understanding the rules and regulations that will be imposed on the invention.

  4. Patent Application Analysis: Content • The basic structure of the patent application has several sections and completing all of them is a complicated task. • 1. Title of the invention • The title of the invention should be concise and should provide the gist of the invention. The title of the invention could be used for more than one invention. • The title must not exceed the 15-word limit, and those words must reflect the true nature of the invention.

  5. 2. Object of the invention • The object of the patent implies an eligibility component of the patent. Patentable subject matter is crucial as it sets the bar for an invention and makes it clear whether the nature of the invention qualifies for protection or not. The patent examiner classifies the technology according to the invention and technology group of it. • The field of the invention must be clear and precise so that the patent examiner easily understands the nature of the invention.

  6. Background of the invention • This section of the patent application describes the technological background of the invention. The document should explain the context of the invention, what others have done in these technical fields, and what problems remain to be solved and other disadvantages faced by the inventor, and the solutions along with these disadvantages. • Details of the prior art • Mention of prior art details is not mandatory in the national phase application. It is a brief written description of what is known about the invention and also of the problems associated with each known technique that the inventor intends to solve. • Object of invention • The object of the invention provides the purpose and also reflects the advantages of the invention. It is a comparative analysis between an existing invention and current inventive technology.

  7. Declaration of invention • The statement of invention is used to describe the exact novel features of the invention and therefore the detailed description provides a structure to the application that further aids in understanding the detailed inventive information of the invention and also helps to link the independent claims. • Summary of the invention • In order to understand the detailed description, a broad overview is provided which will eventually provide structure for understanding the "detailed description" and "claims" section. The summary of the invention explains the general purpose of the invention, the advantages, etc. • Description accompanied by drawing • The description provided in conjunction with the drawing includes a description of the invention and how it is made and used. The details contained in an application must be such that a person skilled in the art can understand them and also carry out the invention in a certain way.

  8. Detailed characterization of the invention • A detailed description of the invention including examples that will explain the operation of the invention, including how to make and use the invention. It must explain the complete picture of the invention and must be sufficient for the person versed in the field to know the development and the necessary technical knowledge of the invention. • Claim • The claims are considered the essence of the patent application, since they express the scope of protection of the invention. The claims also specify the area in which the inventor can prevent others from encroaching on his invention. These claims are dominant in determining the extent of protection while said invention is pending patent and patent litigation in the courts and the patent office. • Abstract • The abstract is intended to provide better information about the invention to all third parties. The summary of the patent application will be made in such a way that it is stated on the technical field of the invention, the technical problems that accompany it and all its existing solutions. • The word limit involved in writing the application summary should not exceed 150 words.

  9. Filing of Patent Application • The patent application through patent filing services is of a territorial nature and the protection granted is only available in the places where they have been applied for. Each country has its sovereign right on granting patent application protection. • Therefore, the request must be made in the correct jurisdiction. A patent application is considered to be an agreement between the inventor and the government after patent protection has been granted. The granted patent application is reviewed throughout the year by the patent office. • Conclusion • The wording of the patent application plays a vital role in the successful protection of an invention. A well-written patent from technology patent services specification decides the scope of protection which will further aid in the maintenance and management of the patent.

  10. About Us • With a team of more than 60 legal and technical professionals, BananaIP is one of the largest IP firms in India today. We serve more than 1200 clients and have managed more than 20,000 files or projects. • Website - https://www.bananaip.com/ • Patent Drafting Services - https://www.bananaip.com/patents/patent-drafting/

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