Patent Drafting – Get it right or lose your innovation


Patent specification?

  • a techno-legal document elaborating best mode of carrying out the claimed invention and claims to the patent rights.
  • Embark your inventions’ claim.

Importance?

  • a single document referred by patent examiner/controller, licensee, competitor, judge, lawyers, public/peers.
  • one document to please all.
  • one document multiple benefits – Protection, Economic Viability, Enforcement etc.
  • well drafted patent specification win 80% battle of getting grant of a patent.
  • a techno-legal document which fully and particularly describes the invention and discloses the best method of performing the invention.

Precautions?

  • it is essential for the drafter to acquired essential abilities.
  • Person who is drafting the patent specification must have technical expertise in the subject matter relating to the invention along with a high level of experience in drafting a patent specification documents, filing and examination process.
  • patent specification needs to portray the invention in sufficient detail and with adequate clarity at the outset, since further description will not be added during the examination process.
  • claims are what distinguish the patents from each other. Ambiguous language might weaken the protection granted to the patent.
  • poorly drafted patent specification may lead to litigation and economic stress.
  • a good patent specification avoid common pitfalls that often result in patent invalidation or unnecessary findings of non-infringement in a court of law.

must consider potential litigation when drafting the patent specification to prevent unfavorable valuation by venture capitalists, lower licensing revenue and ineffective market protection.


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