Complete Patent Application – A to Z Guide


In order to obtain a patent, submission of a complete specification carries immense importance. The inventor should describe his invention stating every possible minute detail in the complete specification so as to claim the patent. The disclosure in the specification must be furnished in such a manner that any person experienced in the similar art domain will be able to execute the innovation. The specification being a techno-legal document forms an indispensable part of Patent Application.

A specification may be filed as a Provisional or Complete Specification. Along with the fees prescribed in the First Schedule of the Patents Act, 1970, Form 2 and Application in Form 1 the specification (provisional or complete) is to be submitted in duplicate.

Also Read: Patent Application Types (India)

Let’s have a look at the framework of a complete patent application. It is always advised to take professional help from a patent attorney/agent to faciliate your patent application through correct patent prosecution process.

A Complete Patent Application in India comprises of the following sections:

  1. Title of Invention
  2. Preamble of the Invention
  3. Field of Invention
  4. Background of Invention
  5. Summary of the Invention
  6. Object of the Invention
  7. Statement of the Invention
  8. Brief description of the drawings
  9. Detailed description of Invention
  10. Claims
  11. Abstract

Title of Invention

The title should carry the impression of the industry or domain in which the invention belongs. It should be relevant, concise, and should not contain any fancy terms. The title should not contain any details of the invention and minimum words should be used.

Preamble of the invention

The preamble of an Invention should start as “The following specification particularly describes the invention and the manner in which it is to be performed”. In the first page of Form 2, the preamble along with the Title of Invention, name and address of the applicant(s) will appear.

Field of Invention

As the name suggests, a field of invention should essentially describe the subject matter of the invention. It should be drafted in such a way that the Patent Examiner will be able to understand the nature of the invention clearly from the description provided.

Background of the Invention

The background of the invention should bring out the purpose of the invention. All the drawbacks of the previous prior-art or whatever problems remained unsolved related to the invention from the similar technical domain should find the answers from this section. This section is a platform to describe why the invention has been done or how it will be beneficial.

Summary of the Invention

The summary section gives a broad view of the invention itself. It helps to understand the detailed description, Claims section, the reason behind making the invention, how the invention can help or what advantages it has to offer in a nutshell.

Object of the Invention

The intent of this section is to bring out the advantages of the invention when it will be experienced at hand.

Statement of the Invention

This section helps to determine the inventiveness of the invention over the already existing one. It is relatable to the independent claims and also acts as a compliment to future infringement claims.

Brief Description of Drawings

This section describes how the invention can be processed from the scratch and its utility in a written format. The literature should be such that any skilled person from similar technical domain will be able to execute the invention from the directions given in this section.

Detailed Description of Invention

This part should encompass every minute details regarding the invention. The sole purpose always being to make a skilled person develop the invention from the technical points provided in this detailed description section. It should also be furnished with ample examples so as to make the understanding better of the invention.

Claims

It is to be borne in mind that claims are the building blocks of a patent and that patent rights are granted to claimed subject matter. In scenarios where subject matters available in description are not claimed, are considered to be disclaimed and are then open for public knowledge. Each and every individual claim is a separate invention and for one claim being invalid, other claims are not held invalid too. It is however extremely important to get the claims drafted correctly with proper technical and legal words. Claims are the dominant tools that help an inventor understand his proprietorship on Intellectual Property.

A claims should be consisted of three structural elements:

  • Phrase deciphering the Introduction
  • Body
  • A link that will conjoin introductory phrase and body

Abstract

Everything that is mentioned in a specification comes in a nutshell in the Abstract. The abstract also starts with the title of the invention and should not be necessarily more than hundred to hundred-fifty words.

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Procedure for Filing Patent Application in India.

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