Thursday, May 2, 2013

Indian Patent Agent Exam Notes

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

Template for Patent Drafting
(39 of 1970)
The Patents Rules, 2003
(See section 10 and rule 13)
2.      APPLICANT(S)
(a) NAME:
            (b) NATIONALITY:
            (c) ADDRESS:
The following specification particularly describes the invention and the manner in which it is to be performed
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)

Tips for Drafting
·         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
·         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

·         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.

 It is best to view certain Indian patents of your subject of Interest from Indian patent office and learn the drafting.

Also one can refer to this book   and see some patents drafted

No comments: