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Patent Drafting - Writing Patent Application, how patent attorney work on invention by Prasad Karhad

Patent Drafting - Writing Patent Application https://patentinindia.com/ Writing patent application is a specialized skill How patent attorney write / draft a patent application Important things about claims Important things about drawings Writing patent specification How patent attorney works on your invention Patent drafting is the stage where your invention disclosure and patentability search report is used to create the patent application. Patent Drafting / Writing patent application Patent drafting/writing is a specialized job, it requires years of practice and experience with patent law to draft a good patent application. To get an idea just read some of the granted patents from your domain. Patent is a techno-legal document, technical as well as legal. Writing patent as a project report or a technical thesis (on your own ) and submitting it to patent office would be a mistake which can cause loss of opportunity to patent your invention. There are many rules and care to be taken while drafting claims, writing detailed descriptions, writing different embodiments of the invention, describing inventive step etc… which a first-timer or inexperienced patent writer may miss and hence end up not getting proper protection for invention (or sometimes even rejection of patent) This is one of the most important step in life cycle of a patent and a good patent application written by an experienced patent agent / attorney should survive not only through the examination phase till the grant of patent but also it should survive the commercialisation phase where actual money is made by licensing or selling patent rights, where competitors should not be able to work around your patent. Cost: the professional fees for a patent attorney ranges from Rs. 25,000 to Rs. 40,000 for patent drafting or writing. Time: the time required is about 8-15 working days The outcome of patent drafting stage is : A patent application that can be filed at patent office A patent application that is well written by an experienced patent agent/attorney that survives through the examination phase, till the grant of patent and commercialization phase as well. Writing patent application is a specialized skill Let’s review the outcome expected from Patent protection. a patent should : Provide broadest possible protection to our innovative ideas Competitors should not be able to copy or compete with our invention without our consent Competitors should not be able to work around our patented invention and build similar solution without infringing on our patent (this is the most important point) we should be able to monetize the patented invention by by producing patented invention without competition by licensing it to other company to get royalty payments by completely selling the patent rights to other business and get significant monetary benefits for your efforts writing a patent application around the novel feature of the invention needs a very balanced and scientific approach that has to take into account the technical as well as the legal side. Going too broad or too narrow protection while writing claims would be a mistake. “Claims should not be too broad because those would be anticipated by existing prior arts, and the claims should not be too narrow because competitors would be easily able to design around our invention” Now as an inventor or applicant of a patent you are not supposed to know all these rules and skills for patent drafting, As teaching details about drafting a patent application or claim drafting is outside the scope of this book. And honestly, it would be impossible to acquire those skills by mere reading a book (as discussed in a detailed manner in the previous section) so we would be brief about this.