All about Patent Drafting

A patent is a technical, legal document that protects against theft, duplication, or reuse of your ideas and inventions. Simply put, without your express permission, it prevents your technological hard work from being stolen, or from being profited off. A patent covers the technology and research outcomes that go into creating a new invention or product, similar to how copyright protects art, literature, and published content.

All about Patent Drafting

Introduction

A patent is a technical, legal document that protects against theft, duplication, or reuse of your ideas and inventions. Simply put, without your express permission, it prevents your technological hard work from being stolen, or from being profited off. A patent covers the technology and research outcomes that go into creating a new invention or product, similar to how copyright protects art, literature, and published content.

Since most goods consist of several different parts, patents typically cover the individual technological parts that go into them more often than the whole. You might not be able to patent an entire cell-phone, for instance.

Patent drawings

Generally, the contents of a patent application include the area of invention, history of the prior art, a brief description of patent sketches, a detailed description of the invention, patent claims, and the abstract. The patent office shall define the format of patent drawings.

The patent applicants comply with the requirements of the patent office concerning the preparation of the patent drawing sheets, the numbering of the elements, the spacing of the drawing sheets, the patent drawing format, and the definition of the drawing elements.

Drafting Basics

Sometimes, inventions are not properly defined by those new to the industry because the innovation is obvious to them, and they feel it would be equally obvious to everyone. The rule, however, demands that a patent application describe the invention to someone who is not already acquainted with the invention. Yeah, the aim is to explain the invention to a competent person who knows something about the technical area pertaining to the invention, but if you really have an invention there must be something different, so at least that which is new won't be understood or appreciated until it is explained

One of the best ways to achieve the aim of explaining an invention fully is to describe the invention like a child describes things while performing a show and talking at school. Children describe everything, no matter how simple, in exquisite detail. Kids do this as they discuss something because they don't know what the listener does, and it's fresh and exciting for them, so they explain it in great detail (whether you want to hear it or not). That is precisely what the application asks you to do. Explain in so much depth your innovation that you will bore the experienced reader to death.

Patent Application

The largest patent granting authority in India is the Indian Patent Office (IPO). Technically, as long as you understand the specifics of the procedure, a patent may be filed without a lawyer, but getting legal help on your side is never a bad thing. This is because it takes professional knowledge to file the patent.

In order to prevent others from discovering loopholes and making the patent claim redundant, a lawyer or patent agent would know the exact information that needs to go into a patent application. To ensure that a valid patent does not exist for the property you are seeking to sue, a lawyer should also do the proper due diligence.

Patent Filling in India

The application process is the first step towards patent filing. In general, if you are still in the process of perfecting/finalizing your technology and merely want to clarify the novelty aspect of your innovation, a provisional application is filled out (an optional step) during which a 12-month period is granted to complete the application.

Bear in mind that the reach of the full application will not surpass that of the provisional one. A series of several provisional applications may also be a full application. The definition of a provisional request to demarcate a boundary beyond which you will function. The application is published in the Patent Journal, issued by the India Patent Office, 18 months after the initial filing. When released, an application for review must be submitted within 48 months of the priority date. This is because it is not an automatic procedure for the test.

Examination Process of Patent

It can take a reasonable amount of time for the patent examination process. A First Review Report is published by the patent office after the initial examination of the application. The applicant has six months' time to issue some kind of response once this is completed. The Controller has the order for the grant until this response is gathered.

Bear in mind, there is also space for others to file challenges to your argument once the analysis is written (and, generally, the preference for these cases is always first-come). There is a hearing after the hearing of all notices and the review of all reports (first and subsequent), and the controller either grants or refuses the appeal.

Post-hearing

Obviously, in an appeals court, a denied patent may be challenged. But more significantly, there is a 12-month allowance in India for any post-grant objections. The patent could be modified or rescinded on the basis of any of these objections.

In cases like these, to ensure that the argument is completely compliant, it is important to have legal help. And after the patent has been granted, however, it is useful to have assistance to assist with any legal claims, opposition to other grants, and to help you handle the patent for its duration (usually 20 years).

know more about Patents law, see the video below -

 


 


 

By -

Saumya Krishnani