I am sharing some notes which I had created during my preparation for exam and also collected some materials in between. Below are some notes which can be used while preparing for Patent Agent exam. I have tried best of avoid errors. There might be error which might have crept in during the course of preparing the materials. Users of this material have to use their discretion
References
It is best to view certain Indian patents of your subject of Interest from Indian patent office and learn the drafting.
Template for Patent
Drafting
FORM
2
THE
PATENTS ACT, 1970
(39
of 1970)
&
The
Patents Rules, 2003
PROVISIONAL/COMPLETE
SPECIFICATION
(See
section 10 and rule 13)
1. TITLE
OF THE INVENTION
2. APPLICANT(S)
(a)
NAME:
(b) NATIONALITY:
(c)
ADDRESS:
3. PREAMBLE
TO THE DESCRIPTION
The following specification particularly describes
the invention and the manner in which it is to be performed
4. DESCRIPTION
4.1 Field of Invention
The invention relates to……….
4.2 Background of the
Invention
4.3 Summary of the Invention
The
principal object of the invention is……….
Another
object of the invention is…………….
A
further object of the invention is……………
4.4 Detailed description of the
invention
(The detailed description may be
started with the following sentences depending on the nature of invention)
Accordingly
the invention provides an (apparatus/process/product/composition)
consisting/comprising of…
There
is also provided a method of preparing..
In
the general embodiment of the present invention, an efficient method for the
preparation….
5. CLAIMS (Not applicable for provisional
specification. Claims should start with the preamble – “I/We claim” on separate page)
6.
DATE AND SIGNATURE (to be given at the end of last
page of specification)
7. ABSTRACT OF THE INVENTION (to be given
along with complete specification on
separate page)
-------------------------------------xxxxxxxxxxxxxxxxxxxx--------------------------------------------
Tips for Drafting
TITLE OF THE INVENTION
·
Keep the title
in Capital Letters (not compulsory)
·
Title should
give fair indication of the art or industry to which the invention relates to.
·
Should be
within 15 words
·
Following
things are not allowed in a title: Inventor’s Name, The word ‘Patent’, words in
other languages, abbreviations, fancy words
Background of the
invention
Priort art and the problem to be solved must be described in the
background. while reading the invention, mark the prior art description and
also the problems associated with prior art and add it to this section
Field of Invention
The description should preferably begin with short general statement
The invention relates
to……….
Summary of the
invention
The solution sought by the invention should be clearly brought out as:
The
principal object of the invention is……….
Another
object of the invention is…………….
A
further object of the invention is……………
Detailed Description of
the invention
·
Before going
into the details of the invention start with the following words
·
(The detailed description may be started
with the following sentences depending on the nature of invention)
·
It usually starts like, “Accordingly
the invention provides an apparatus consisting of ---------- which is
characterized in that --------------“.Other aspects and processes, if any,
can also be stated e.g. “There is alsoprovided a method of preparing
---------” etc.
·
Sufficient
number of examples must be included in the description
especially in case of chemical
inventions
·
Reference to drawings (if any) should be
specific and preferably in following form:
“
The invention is illustrated in the
accompanying drawings throughout which like reference letters indicate
corresponding parts in the various figures”
·
Specification with respect to patent of
addition should contain at the beginning of the description a definite
statement.
·
Terms in other languages, if any, used
in the description should be accompanied by their English equivalents. The use
of vague slang words and colloquialisms is objectionable and should be avoided
·
Best method of working the invention
should be described
Claims
·
The description of invention in the
complete specification is to be followed by a “statement of claims” preceded by
the prescribed preamble, “I or we claim” as the case may be.
·
Claims
should start from the fresh page after full description of the invention with
the claims serially numbered.
·
There
is no restriction to the number of claims to be incorporated in the
specification. But the applicant has to pay additional fee, if there are more
than ten claims. Its better if we restrict our claims to 10 unless further
claims are necessary
·
Claims must be supported by the
description (fairly based on the description). This means that all the
characteristics of the invention, that form the part of the claims must be
fully explained in the description
Also refer to
following links for claim drafting tips
Abstract
·
An
abstract should provide brief technical information on the invention. It should
start with the “Title of the invention” and should give concise summary of the
invention ,preferably within 150 words, An abstract should be given on a
separate page after claim(s).
·
It
should be written on a separate page after claims
Note: In case the invention doesn’t
have drawing, try to construct the invention by drawing the invention on paper while
reading it sentence by sentence. This helps to clearly understand the invention
and it also helps to find the main elements of invention.
Also one can refer to this book and see some patents drafted
Also refer to Indian draft patent manual-2008.
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