Elements of Patent Application Drafting

Have you come up with an invention or an idea which is unique? You must obtain a patent grant for it, this gives you the exclusive right over your discovery. To obtain the patent you need to file the patent application with the patent office. However, patent filing is not a simple task to achieve. It is a stringent process where you need to develop a draft, this process is known as patent application drafting. It involves giving the detailed description of your idea in the application draft you will file with the patent office.

This article will tell you all about patent application drafting, its importance, FAQs, and many more things important to know before filing patent application for your invention. So if you want to increase your knowledge, keep reading till end.

Also read: Patent Drafting: A comprehensive guide to it

What is patent application drafting?

Patent application drafting is the process where the inventor i.e. provide the complete description of your invention in a document. This document is known as the patent application draft, which you file later with the patent office. Reading this the patent examiner decided whether to move forward with your application or not. If he is satisfied with your application, your patent grant process becomes easy and quick. And in case your application lacks something, you will get an office action mentioning the reason for rejection of your application.

So, if you don’t want your application to face rejection, you must take patent application drafting seriously. The description of your invention must explain, why your idea or invention is novel, and unique. To prove its novelty your draft must include all the patent claims that makes it unique.

Also read: Patent Draft: What do you understand about it?

Clear and Concise Writing: Best form of Patent Drafting

If you struggle with writing simple, concise, and crisp sentences then patent drafting is not going to be easy for you. Writing verbosy paragraphs will hide the real meaning of your invention leading to office action. Thus, the summary of your invention must cover the entire invention without being verbosy. You can write to the point patent application draft by removing passive voice sentences, and using right words, phrases to express your idea conveniently in less words.

However, you may think what is the harm in writing a verbose application draft? Won’t it explain your invention in detail?

So, the answer is, when you can explain the same thing in less number of words then why exaggerate it. The other thing is, long paragraphs are difficult to read and understand both. It is a bane for you as an applicant, as people have general tendency of avoid reading difficult to understand things. Thus, you will not proofread the application in details, hence missing the errors, mistakes, and other issues in it. The result is application made is not what you wanted it to be.

Further, the patent examiner also don’t want difficult to read patent application. Since, they have large number of applications to examine, thus they want to the point patent applications. More time your application takes to read, less is the chances it has to receive green signal from patent examiner.

Even suppose your verbosy and confusing draft luckily gets patent grant, and someone challenges it. Then your confusing draft might frustrate and annoy judges, jurists and other people also during litigation. Further, a confusing draft gives other parties an option to interpret the draft language as suitable them which might harm you. Thus, it will create a big problem for you if your don’t make concise draft during patent application drafting.

Also read: What is a Provisional Patent Application?

Mistakes to avoid during patent application drafting

As an inventor while going for patent application drafting, you must focus on what not to do. Once you avoid what not to do, you automatically do whatever is legible to produce an acceptable, easy to read patent application draft.

Below are few things you must not do to achieve so:

Explain your inventions functions too much:

Inventors often spend lot of their time and resources in explaining what it the function of their invention. i.e. what their invention does. But they explain very little as what their invention is, and how it works to (its principle) give the function (they explain unnecessarily too much).

It might sound weird but you, what your function does hardly has any relevance for the patent examiner. What matters to him is, how it does, why it does, and why it is useful. It is these things that makes your invention novel, hence focus on this aspect a lot.

Make it look too simple invention

Its good to come up with a simple solution to any problem, however this doesn’t means that you make your invention look simple. If your patent draft looks simple, straightforward, and obvious, it is difficutl to obtain patent then. Thus, focus and take time to describe your invention emphasizing as many uses you can tell of it, attach drawings to describe its novelty in detail. This allows you to make it appear different from already patented inventions.

Hold back to release details of invention

Another reason inventors make their invention look simple is, the fear they have of revealing their secrets of invention. But if you want exclusive rights for your invention, this is the risk you need to take. Because unless your invention is clear to examiner you are not going to receive patent for it. Thus there is still the fear of copying of your invention if you bring it in market without patenting. It means either way you cant bring your invention to market.

So, when you go for patent application drafting, don’t hold back and release the details of your invention in the application clearly. It will make you get patent grant easily and quickly.

Grammatical Mistakes/Miswording

It might sound childish, but many inventors who produce such great inventions end up committing high school English mistakes during patent application drafting. Whenever you commit any grammatical mistakes such as spelling errors, grammar errors, use of incorrect prepositions, etc. the complete meaning of your sentence changes.

So, the examiner hands you the office action if there is grammatical error. But in case of miswording, you might get the patent grant, however, your competitor might use the leverage of your mistakes and develop invention similar to you. But you can’t beat them in court during litigation as your patent description reads different from them.

Also read: Provisional Patent Application: Benefits, and Limitations

Why choose “Patent Paralegal Force” to file your patent?

As you read above the importance of patent application drafting, a slight of mistake on your end could steal your patent grant. Thus, its important have the professional expertise at your hand during the preparation of your patent application draft. That is what we, “Patent Paralegal Force” provide you.

Our work force consists of trained and experienced patent experts who have in-depth knowledge of all the technical domains. Thus, taking our help will make you produce patent application with well written claims. Customer satisfaction is the priority for us, and hence. Our state-of-the-art tools help us to give the services you desire for. Read more about us here.

Other related articles:

Understanding “patent pending” meaning

Trademark assignments in India

Qualities of good patent drawings company

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