Specification Drafting: Insights into Indian Patent Practice

Editor’s note: Have you been assigned a work to draft the complete specification of a patent? Read on to know how to start, and what all to write!

First of all,  you have to acquire a thorough understanding of the invention forming the correct subject matter. At the first stage, your goal should be to gather as much information as possible about the invention and the relevant prior art in order to enable yourself to describe and define the invention correctly.

Role of a patent specification

The patent specification is designed to convey the information:-

(a) concerning the scope of the patent.
(b) concerning the best method or one method of putting the invention into effect.

About a patent specification

A patent specification has two major sections:

(1) A general description dealing with the background of the invention and the
method of putting it into practice.

(2) Claims which define the patented invention.

Structure of a patent specification

The structure is generally organized as follows:

(1) Title of the invention.

(2) Background statements including
(a) Title of the invention.
(b) A brief discussion concerning the relevant prior art and the problems of the prior art concerned.
(c) The Objects of the invention.
(d) A brief explanation of the invention.

(3) The detailed description including a brief description of the drawings and a detailed description of the embodiment of the invention.

(4) The claims.

(5) The drawings, if any.

Background Statement

This contains information such as general field of the invention, prior art, objects of the invention and brief description of the invention.

Detailed Description

This fully describes the invention. If there is any drawing they may be described. It should be described in a manner that a reader having an ordinary level of skill in the relevant prior art
understand the construction and operation of the par1icular embodiment of the invention. He must understand it in a way that he can put the invention to practice. The arrangement of the
description is like building a house. It must be done step by step.

Claims

Claims are important because the rights of the patentee are defined according to the claims. Basic identification of the invention, the general content of the claim constituted by the various features
which make up the body of the claim and the way in which each of these features is identified in the claim are important factors. Generally, the content of the claim should be confined to those
features which are necessary to explain the inventive concept. There can be main claims as well as subsidiary claims. In constructing a claim the following will be important.

       (a) Select a title for the invention which is not too confining, but is specific to the particular field of invention.
       (b) Select the group of features or components which make up a practical embodiment of the invention.
       (c) Select a proper identifier for each of the features which are not too limited but sufficiently specific to capture all members of a family which would be suitable for the purpose to which the respective feature is directed.
       (d) Link various features together so as to explain their positional relationship or working relationship in so far as that is critical to the fulfillment of the basic inventive concept. The subsidiary claims should not be directed to immaterial detail having no influence on the issue of inventive merit. However, where it is uncertainty concerning the importance of a particular feature it is better to have a subsidiary claim to that feature.

Abstract

This is an explanatory statement which summarizes the disclosure of the patent application within 100 to 150 words.

Once you are done with drafting a patent specification. See here, here and here to know the procedure to file the patent!

Image from here.

Bharat Sharma

Bharat is a tech-savvy lawpreneur and graduating student who is ambitious about working in the field of intellectual property and commercial laws. He has completed his credit course in IP and Sustainable Product Design from Harvard University. He is responsible for executing the expansion plans of the blog. He writes when its right.

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