Writing patent with ease
Writing patent applications and executing the process of patent drafting involves navigating difficult waters of patent law to create and protect inventions by capturing novel and inventive features of the invention. One of the major challenges faced by inventors is determining best ways to write strong patent applications by developing patent drafting strategy to claim different aspects of the invention.
Team of patent attorneys having expertise across various technology domains can provide immense value proposition by being approachable and flexible towards the clients, thereby providing value-added services using their thorough understanding of science, technology, law, business and commerce experts in navigating emerging markets.
Writing Patent & claiming broad patent claims is an art. Writing Patent covering all inventive aspects comes with experience. Get patent consultancy today.
Writing Patent: Patent Drafting Procedure
The process of patent writing is highly tedious and challenging. It is always helpful to initially determine the inventive step(s) of the invention. This can be done prior to beginning the drafting of patent application, whereby it has to determined if the invention is non-obvious, which includes decoding obviousness of various aspects of the invention, so that patent claims can be drafted to highlight non-obviousness.
Non-obviousness of Invention – Inventive Step
Determining if an invention is non-obvious is a subjective process for legally determining patent eligibility of an innovation. This process is technology specific as different inventions have different aspects that can be patented. For example, steps required for determining patentability of a new consumer good will be different from those required for a complex mobile application involving wearable device (Internet of Things or IoT innovations).
Generally, to determine patentability of an invention, a thorough analysis of difference between the embodiments of the invention and prior art is required. It should be noted that novelty and non-obviousness are different characteristics of an invention. While novelty requires that all aspects of an invention may not be disclosed in a prior art (same or different), non-obviousness requires that it would not have been obvious for a person of ordinary skill in the art to merely combine existing features of prior art (same or different) to create such invention. Therefore, it is best to compare the invention with the closest prior art(s) to determine patentability before drafting patent application.
Writing Patent Claims
The main aim of drafting patent claims is to highlight novelty and non-obviousness of the invention. The claims should be drafted to ensure that the claimed elements relate to patent eligible subject matter for all embodiments of the invention. In addition, patent claims should demonstrate usefulness (utility) and industrial applications of the invention. If one or more elements of the claimed invention are known in the prior art, patent claims should explicitly highlight the improvements to ensure that the claims are not seen as mere combination of previously known elements. To further strengthen the patent claims, improved or unpredictable results should be highlighted in case invention is a combination of known elements with substitution of one or more aspects.
Writing patent: Background of the Invention
Writing patent application requires drafting a strong and thorough background of the claimed invention. Description of prior art in detail should be avoided as it may render the claimed invention to lack novelty and non-obviousness. Best is to describe prior art briefly in general and focus on its disadvantages. Comparison of claimed invention with the prior art should be avoided.
Writing patent: Detailed Description of the Invention
Writing a patent application requires describing the detail the various aspects of the claimed invention. The patent laws generally require describing invention in sufficient detail so that a person of ordinary skill in the art can practice or make the invention. Under US patent laws, USC § 112 specifies the enablement and best mode requirement. Generally, patent drawings should be described in detail along with corresponding elements of the patent claims.
Writing patent conclusion
Therefore, as may be seen, to turn an idea into a good invention, strong patent claims with thorough detailed description are a must. Assistance of professional patent attorney must be sought to ensure patent rights are properly secured and enforceable patent claims are granted by the patent office.
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