Have you been working for quite a long time on your Patent now you think is the right time to apply for it but need clarification on the process to be followed to draft the best Patent Application so that you can register your Patent? Don’t worry we will guide you with the best tips and tricks to write the best Patent Application.
Introduction to Patent
A Patent is a legal document received by an inventor for inventing an invention. The invention can be related to any of the fields. The only criterion to obtain a Patent is its Uniqueness however there are some other criteria that a Patent must follow to get the Patent approved by the government authorities. A Patent is valid for 20 years so there will be no worries because the value and the hard work put in by the inventor is secured.
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Objectives of a Patent
Patents are inventions that serve not only society but also individual investors. The objectives of registering a Patent serve the below-mentioned purposes:
- Encourage Inventions: With the registration of a Patent, an inventor enjoys the benefit of royalty which in turn gives the inventor a boost and encouragement to invent and research more.
- Encouraging Revelations: The involvement of the security factor gives the investors the courage to reveal their inventions rather than keeping them as a trade secret.
- Offers Reward: Registering the Patent offers economic rewards to the inventors, giving them room to deal with the expenditures of the invention until the Patent starts to earn practically.
- Investing in the Capital: To increase the business’s production, a Patent boosts the Inventor to develop newer technologies.
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Advantages of a Patent
A Patent offers a wide array of advantages to a Patent and this is very important to understand it in detail these are as:
- Period: With a registered Patent it gives an inventor the right to use their Patent for an indefinite duration.
- Prevents Infringement: By registering a Patent it gives the sole authority to the Inventor to use their Patent and to exercise their rights against the infringement by the third parties.
- Economic Advantage: By registering a Patent it gives an economic hand to the Inventor as a royalty may be obtained by selling or by agreeing to the use and distribution of the Patent product.
- Advancement in Technology: Registering the Patent prevents others from using the same technology thereby inducing them to develop and research more and this chain will altogether constitute the development of the different technologies and the country.
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Disadvantages of a Patent
Every coin has two sides so the Patent has
- Risky: The applicant is required to provide a lot of information about the product for which they are planning to obtain a Patent. This in turn may pose a risk towards leaking of the information.
- Costly: Obtaining a Patent is a costly and time-consuming process that can only be afforded by a few people. Also, registering a Patent takes around 2 years so it becomes difficult for an inventor to wait and use their rights of preservation of the Patent against the whole world.
- Annual Fees: Every year the applicant is required to pay annual renewal fees otherwise the Patent expires or lapses.
- Renewal after 20 years: As we know the validity of the Patent is 20 years hence it becomes difficult for the inventor to renew it as renewal fees are required to be paid and also renewal is based upon the permit provisions.
- Country Specific: The Patent is valid in the country of its registration therefore if the inventor wants to apply the protection for their Patent they are required to obtain a new Patent in that country.
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What are the Principles for a perfect Patent?
As we have already discussed the criteria that a Patent is required to fulfill to get the registration and the full-fledged status of a Patent. These criteria are as:
- Novelty: The first and most critical to be a Patent is the Novelty. A Novelty is a condition where the invention is unique and new in itself and the uniqueness is such as has not been developed to date by anyone working in the same industry.
- Inventive Step: The invention should be regarded as an inventive step in the industry that a normal craftsman or skilled person in the industry can think of. To become an inventive step the craftsman is required to compare the old product to the new and the difference between these two should be an invention that will not only benefit the industry but cannot be thought of by the craftsperson.
- Industrial Application: The invention of the applicant should have some utility to the industry apart from being novel.
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What are the types of Patent Applications?
4 types of Patent Applications can be chosen by the inventor. These types of applications are based on their conditions and the stage of the invention the inventor is on.
- Complete Patent Application: As the name implies a complete Patent Application is filed by the inventor after submitting the whole specifications, uses, and details of their Patent.
- Divisional Patent Application: If an inventor’s application claims for more than one claim of an invention they can opt for a Divisional Patent Application by splitting their claims into separate applications. The time duration for a Divisional Patent Application is 20 years from the date when the full Patent Application is filed.
- Provisional Patent Application: This type of application is used by the inventors when they are in the process of developing the Patent because a Provisional Patent gives a time of 12 months from the date of filing a Provisional Patent Application to file a full Patent application and the inventor does not lose their priority period during this time.
- Additional Patent Application: This type of Patent Application is filed when the further invention has been done to an already registered Patent.
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Pointers to be kept in mind before drafting a Patent Application
Some points are required to be taken into consideration as the pre-application point before submitting the application form for the Patent and these points are as:
- The disclosure of the information related to the Invention should be understood to avoid any confusion
- Identifying the field of the application and the probable use of it
- Defining the solutions to the problem that the invention aims to resolve
- A prior art search is required to be done to understand the difference between the prior and the invention of the inventor.
These are the pointers that must be kept in mind while drafting a Patent Application so that the Patent Officer can expeditiously grant the Patent without any hindrance.
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Writing a Patent Application
As we have discussed in the preceding sections of this Article there are some points that should be covered in the application of the inventor. These are as:
- The Title of the Invention: The Title of the Invention is the main picture that depicts its truest sense. Therefore, the Title of the Invention should be clear and concise, and depict the subject matter of the invention, can also include words such as improvement, or improved. The title of the invention should not include:
- Fancy words, or include terms like unique, best, great, greatest, etc
- Specifications or the Elements of the Invention
- Terms of the specifications
- Any kind of opinions or subjective languages
- Invention Field: The applicant should jot down the field of the invention on which it is applicable, its uses, areas in which it is applicable, and the scope of the invention. This is to enable the Patent Officer to understand the invention in a better way and this invention will be helpful in the betterment of the industry.
- Invention Background: The most important element of a Patent Application is the discussion about the background of the invention. This means discussing the need for the invention and a comparative analysis of the previously developed art. An attempt should be made to differentiate between the prior art and the developed technology but in a respectful manner by avoiding derogatory remarks. The idea behind this section is to make the Patent Officer understand the relevance of the Patent.
- Objectives of the Invention: This Section is a continuation of the previous section as in this section the applicant is required to specify the objectives of their invention and draw a comparative analysis of the prior art but that too in a more analytical manner rather than demeaning. The applicant is required to specify each objective in a pointer and clear manner.
- Statement of the Invention: This section of the invention specifies the exact new and novel features of the invention. In this section, the novel features of the invention are required to be specified along with what is not possible with the prior art. This section shall also cover the rights that will be required to be incorporated in case of infringement proceedings.
- Invention Summary: The summary of the invention is required to be presented. The summary shall include a description of the nature, purpose, and operation of the invention. The summary shall include the description, drawings, and claims of the invention along with the solutions to the problems as described in the background of the invention.
- Description of the Drawings: Along with the description of the invention it is pertinent to include the numeral illustrations to back in understanding the invention in a more detailed manner. It is not advised to include the drawings in a descriptive or dimensions manner rather it should focus on the numerals aspect to make them understood by a skilled person working in the industry of the Patent.
- Description of the Invention: A detailed description of the invention is required to be provided which deals not only with the advantages of the invention but also with what is the invention, how it has been made, what are the uses of the invention, and so on. This should also incorporate the drawings to illustrate the use of the invention. Every minute detail of the invention shall be discussed separately with a separate example. The main motive behind a detailed description is to let the industry experts use the product without any external help by including the optimal method for carrying out the invention.
- Claims: The main motive behind obtaining a Patent is to preserve the right of the inventor for any kind of misuse of their Patent. Therefore, it is very much important that the part of the Patent Application dealing with the claims section shall start from a separate fresh page. Claims are required to be crisp and clear in detailing the invention and form an inventive scope supported by a clear description.
Claims are required to be segregated into three parts mainly the Preamble, Transitional, and the Body of the Claim.
Preamble Phase: This is the phase that sets the industry for the Patent and the category of the invention along with establishing the Patent.
Transition Phase: This is the Phase that establishes the link between the Preamble Phase and the Body of the Claim. This Phase consists of the words like comprising, and consisting.
Body of the Claim: The body of the claim shall include in itself the main elements of the invention. Elements of the claim are those that are required to function the novel features of the invention. Claims can be Dependent claims and Independent Claims. Dependent Claims always add a limitation to independent claims and they can never modify, or substitute the features of independent claims.
- Abstract: An abstract is a tool used primarily to find the Patents. But the landscape of the abstracts has now been changed to jotting down of the invention and the technological information about the invention is required to be provided in the abstract part. The abstract should be between 100 and 150 words defining the advantages, problems, and the technology used to solve the problems.
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Common Errors to Avoid While Drafting Patent Application
- Language not to be Ambiguous: A Patent Application is required not to consist of bogus or vague language instead it is required to be clear and concise. There are lots of disadvantages if the language of the Patent is not clear as it can pose difficulty in implementing the claims and taking action against infringement.
- Not Specifying the Inventive Step: Not specifying the inventive step that sets the stage for an invention can lead to disputes and sometimes applications get rejected. Therefore, the application must specify the process and method used to solve the problems.
- Ignorance of already registered Patents: Sometimes not doing thorough research of the subject matter may lead to the rejection of the application. Hence, a thorough research of the prior art must be done carefully.
- Insufficient Drawings: We have already discussed the importance of the drawings so it is always beneficial to include the proper drawings in the form of art and graphics for the use by the expert of the industries.
- Specific Claims: Claims are the backbone of the Patents thus Claims are required to be adequate. If the claims are overrated there will be a chance of rejection of the application and if the claims are underrated there will be a chance of infringement. So, drafting the perfect claim is the key to success.
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Conclusion
A perfect Patent Application is the key to swiftly registering it and it depends upon the expertise and knowledge combined with the art of drafting a Patent Application. Always follow the tips and tricks around the corner to draft an error-free Patent Application.
Frequently Asked Questions
Q1. How to write a good Patent?
Ans1. A good Patent Application should include sections such as Invention Title, Invention Summary, Detailed Description, Claims, etc.
Q2. What are the 5 requirements of a Patent?
Ans2. The 5 requirements of a Patent are Utility, Noble, Uniqueness, Non-Obviousness, and Patentable Subject Matter.
Q3. Do Patents Expire?
Ans3. The period for which the Patent is granted is 20 years which can be extended after applying for the extension.
Q4. What inventions cannot be Patented in India?
Ans4. The frivolous inventions in nature, contrary to public order, morality, or public health cannot be Patented.
Q5. How can I improve my Patent?
Ans5. The only way of improving your Patent is by using the new technology on the Old Products/technologies.
Q6. What is better than a Patent?
Ans6. Trade Secrets run for a lifetime, giving more protection than a Patent.
Q7. Who grants a Patent in India?
Ans7. Indian Patent Officer grants a Patent in India.
Q8. What is not eligible for Patents?
Ans8. The Software and the Business Methods are not eligible for Patents
Q9. How many pages is a Patent?
Ans9. A Patent may range from 5 pages to 30 pages
Q10. Can I buy a Patent?
Ans10. Yes, you can purchase a Patent you just have to locate the owner/inventor of the Patent. The Patent should have to be expired so that you can crack a deal with them.
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