The Importance of a Well Drafted Patent
Written by Aneela Akbar on 04 May 2011« Return to Reading Room
The drafting of Patents is normally undertaken by a patent expert as this is the most important part of the process. Patents generally contain technical and scientific information and are also faced with legal documents along the process.
Patent law stipulates 'that the Patent specification ought to disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art.' The effectiveness of a patent application depends on how much thought and effort has gone into drafting it. A poorly drafted application will cause problems at later stages and may even be ineffective. A well drafted patent application will include the following;
The first element is the abstract. The entire invention is summarised in the abstract. This is usually around 150 words and outlines the most important technical features of the invention. They also act as a search tool
This outlines the description of your invention. The description sets out the background to the invention and provides clear and precise details of it enabling the examiner to construct and perform the invention. It is important to provide as much detail of the type, process and the way the invention works as you cannot change or add to the description at a later stage.
The claim or claims (can be more than one) is the heart of the Patent and defines what part of the invention is protected and it enables a person to determine what rights the inventor has over their invention.
In order to provide further knowledge of your invention drawings are made available in the patent application which illustrate the actual invention. The drawings coincide with the features highlighted in the description and may be used to interpret the claims.
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