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:

1. Title of the Invention.
2. Cross Reference to related applications. (Related applications may be listed on an application data sheet)
3. Background of the Invention.
4. Brief Summary of the Invention.
5. Brief description of the several views of the drawing (if any).
6. Detailed Description of the Invention.
7. A claim or claims.
8. Abstract of the disclosure.
9. Sequence listing (if any).

Title of the Invention

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-Reference to Related Applications

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

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.

Summary of the invention:

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

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.

Claims

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.

Background of the 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.

Detailed description of the invention

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.

• Written descriptionIt should be with sufficient detail in a particular way that discloses the invention at the time of filing the patent application.
• Best modeAll the embodiments of the invention should be carried out and only one embodiment should be disclosed in the description of the invention.
• EnablementThe invention should enable a person skilled in the art to duplicate your experiment to arrive the same results without undue experimentation.

Sequence Listing.

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.

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According to International Patent classification patents belong to different classes depending upon the type of patent. The rules for patent filings under PCT differ from filing patents in individual countries. There are a number of Patent Magazines that provide information on Interntional Patents »»» Know more about International Patent . California Patent Attorney’s services may be availed for patent filing a patent in that particular place. Information on CA patent policy can be viewed at the following link http://www.ucop.edu/raohome/cgmanual/chap11.html »»» Know more about California Patent . A Patent Pending over a particular invention may be granted when once it satisfies all rules set forth in patent laws. The rules vary depending whether the application is for a design patent, utility patent or a plant patent. »»» Know more about Patent Pending .

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The Patent Filing for invention patents may be done with the help of an Attorney who is well aware of the patent law. Filing patents for a design patent is different from that of a utility patent or a plant patent.
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The Patent Attorney Jobs deal with patent filing, patent drafting, preparing non provisional patent applications etc.
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The Patent Trademark office issues the patents and trademarks in accordance with the trademark laws and patent laws.

A provisional application must also include the filing fee and a cover sheet identifying: the application as a provisional application for patent which includes the name(s) of all inventors; inventor residence(s); title of the invention; name and registration number of attorney or agent and docket number (if applicable); correspondence address; and any US Government agency that has a property interest in the application.

Currently, the USPTO filing fee for a provisional application is $100.00 for individuals, non-profit organizations, universities and for-profit corporations of less than 500 employees, including affiliates and $200.00 for for-profit corporations of 500 or more employees, including affiliates.

It consists of title of the invention and it includes Name, nationality, address of the applicant shall be given.

If it is provisional it deals with specification describes invention. If it is complete specification describes the specification particularly about the invention and the manner in which it is to be performed.

Description should start from the next page.

A CLAIM is not needed for provisional specification. Claims should start with the “I/We claim” on separate page.

Date and signature shall be given on the last page of specification.

Abstract of the invention shall be given along with complete specification on the separate page.

In most patent laws the renewal fees and the maintenance fees should be paid regularly to keep the patent in force, or else the patent gets lapsed before its term.

The term of patent may be curtailed by judgment of court, where the patent or claim is said invalid under the relevant law and hence not enforceable. The term of protection of patents shall not end before the expiration of period of twenty years from the filing date. There are other patents whose term may vary; a good example is the design patents have a term period of 14 years.

The term of patent as in the Indian Patent Act,1970 are for process patents related to substances intended or capable of being used as food medicine or drugs – 5 years from the date of sealing of patent or seven years from the date of the patent whichever period is shorter. The intension was that all inventions in the field of medicines and drugs should pass through public domain in not more than seven years.

A patent shall cease to have effect not withstanding anything therein or in this act on the expiration of the period prescribed for the payment of any renewal fee, if that fee is not paid with that period as extended under the Indian patent act.

The period for the payment of any renewal fee shall be extended not more than six months as specified in a request made by the controller if the request is made and the renewal fee and the prescribed additional fee paid before the expiration of the period specified.

The term of patents protection may also be affected by specific multi-lateral, international agreements. The term of patent may be extended for periods longer than 20 years because of delayed response to an application request of patent, exceeding three years to consider a patent application and delays due to secrecy order or appeal. Time extension can be received equal to the amount of delay.

Trademark office is an agency that provides protection to the inventors and business for their inventions and trademark registration for the product and intellectual property identification. The office is provided with funds by the fees that are charged for processing the patents and trademark.
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Trademark services help in assisting the products and know the class and sub classes of the trademarks. These services may consist of information specialist who will help in the trademark registration and helps in examining the trademark application.
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India trademark cease and desist is one which gives the trademark owner an instinct to take immediate legal action by the way of cease and desist letter.
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Trademark strategy explains the simple and easy rules to choose and use the trademarks. The strategy gives a detailed explanation about the trademark logo, trademark protection, choosing a trademark and as to how to use the trademark.
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Trademark litigation involves a dispute over whether one party has encroached on the other trademark rights. Trade dress litigation involves disputes over whether the distinctive configuration or packaging of a product line has been infringed. Unfair competition claims, often asserted together with trademark claims, can be made when a defendant product is likely to confuse the public as to the affiliation between goods, services or companies. It can also include false advertising.
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Trademark infringement is a violation of exclusive rights without the authorization of the trademark owner or any licensee.
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