®
™
The patent specification drafting includes a written description of the invention and claims. It must be in full, clear, concise, and exact terms as to enable any person skilled in the technological area related to the invention to be able to duplicate the invention. It must describe completely a specific embodiment of the process, machine, manufacture, composition of matter and must explain the mode of operation or principle wherever applicable.
The patent specification drafting must point out the part or parts of the process, machine, manufacture, or Composition of matter to which the improvement relates, and the description should be confined to the specific improvement and to such parts as necessarily cooperated with it or as may be necessary to a complete understanding or description of it.
The patent specification drafting should have the following sections, in order:
The title of the invention, which should be as short and specific as possible, should appear as a heading on the first page of the specification or at the beginning of the application. It may have up to five hundred characters.
Cross-references to other related patent applications can be made with the patent application by identifying the the title, a reference to each such prior application, the application number or international application number and international filing date.
Abstract should be in a separate page immediately following the claims in a separate paragraph under the heading of the abstract. It should not be more than one hundred and fifty words.
A brief summary of the invention indicating its nature and substance should include the object of the invention along with detailed description. The summary will discuss the advantages of the invention. This section should present the general idea of the claimed invention in summarized form. The summary may point out the advantages of the invention and it solves previously existing problems, preferably those problems identified in the background of the invention.
Drawings should be described in several views specifying the number of the figures. The specification must conclude with one or more claims particularly pointing out and distinctly claiming the subject matter of the invention. The drawings of a patent application describe the invention visually, using a chemical or mechanical structure, charts and graphs, and detailed relationships of features.
The claims are probably the most important part of the patent specification. The claims are brief descriptions of the subject matter of the invention, eliminating unnecessary details and distinguishing the invention from what is old. The claims are the operative part of the patent. Novelty and patentability are judged by the claims, and patent is granted.
The major function of the claim or claims is to clearly define the scope of protection granted. The claims must be clear and concise and must be supported by and agree with the invention/innovation disclosed in the descriptive part of the patent specification.
The claims should commence on a new page and each claim should be written as a single sentence. Whenever appropriate the claim should define the invention/innovation first by indicating the background prior art, followed by a "characterizing" portion which defines the features of the invention/innovation which, in combination with the prior art features it is desired to protect.
Each technical feature mentioned in the claim (s) and illustrated in the drawings should, wherever possible, be followed by its reference numeral. Only one claim is allowed in a utility innovation specification whereas a plurality of claims is allowed in a patent specification. However, the claims of a patent specification must relate to the same invention.
It should contain a description of information known to you, including references to specific documents, which are related to your invention. It should discuss with the current invention and point out the needed improvements that are provided by the current invention. The background frequently identifies relevant prior patents. Key features of the invention compared with the prior art are described and explained.
It is a general explanation of the invention with specific example to practice the invention and description of the drawing with respect to the invention. It includes written description, embodiment and enablement.
A sequence listing is required if the application includes nucleic acid or amino acid sequences. If sequences are disclosed, every nucleic acid molecule that is at least ten nucleotides, and every protein that is at least four amino acids, must be included. Sequence listings are required to be in a specific text format. The USPTO provides a free software download called PatentIn that is often used to compile sequence listings.
© 2003 - 2007, TMPsearchers.com. All rights reserved.
Patent Specification Drafting
