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TMP Free Patent Lesson - 14


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Patent Drafting
 
Detailed description of invention

Detailed description should have the following,

  1. Written description
  2. Enablement
  3. Best mode.

1. Written description

      Written description should fully and clearly describe the invention.

2. Enablement

       Enablement should enable a person skilled in the art to duplicate the invention after reading your invention.

3. Best mode

       The applicant should give all the methods that he has known to carry out the invention.

The description must include all the component parts in the description.

 
Claims
 

Claims are the most important part of the patent document. Claims are the legal part which claims the protection of invention and it should be drafted carefully by covering all the aspects of invention for which protection is sought. Each claim should be in a single sentence and there should not be any repetition. Each claim will be examined on its own merits and if any one claim is rejected it doesn’t mean that the rest of the claims are invalid. Claims must not be too extensive and it should not be too narrow also because such claim will not be sufficient in preventing infringement of patents. Every claim should have the antecedent support in the specification and drawings. In case of a patent related to mechanical or physical goods every claim should be supported by drawings. Claims consists of three parts,

Preamble

Transition elements/Connecting terms

Body of the claim


Preamble

Preamble gives the category and the purpose of invention. Eg., a machine for waxing paper.

 
Transition elements/ Connecting terms

Connecting terms are divided into two classes. Open ended terms and closed ended terms. Comprising, which comprises of, these are open ended terms. Consisting of, consisting essentially of, these are closed ended terms.

 
Body of the claim

Body of the claim is the specific description of the invention for which the protection is sought.

 
 

The structure of claims should be on the following order.

 
Independent claims

Independent claims are the principal claims which stands on its own and it should clearly indicate the essential novel features of most preferred embodiments of invention.

Dependent claims

Dependent claims should be clubbed with the independent claims to include all the features of the independent claim and characterized by additional non-essential features and even the minute aspects and optional features.

e.g., Invention according to claim 1,

Multiple dependent claims

Multiple dependent claims are not advisable.
 
Abstract

Abstract should give the technical information of the invention within 150 words. It should be given in a separate sheet after claims. It has to be prepared by giving the technical field, technical problem and solution to the technical problem through the invention. If necessary, relevant drawings can also be included in the abstract in case of engineering products. If necessary it can also have the chemical formula. The Controller may amend the abstract to give better information to third parties.









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