As per the rapid rate of innovation in technology for the times, intellectual property has become one of the most valuable assets for anyone and an entrepreneur as well. Leaving all the intellectual properties aside, patents are perhaps the finest protectors of fresh ideas and concepts. Patent drafting is the finest tool by which innovative ideas are secured in India so that no rights over anything invented by people are taken away from them.
Here in this article, we are going to discuss how patent drafting is carried out in India, why it is required, what the key constituents of it are, and how one can do it without faults. Whether you are a corporate executive, a start-up company, or an entrepreneur and wish to safeguard your inventions, this article will guide you through the step-by-step process of how you can learn patent drafting fundamentals and how you can have your invention patented.
What is Patent Drafting?
The preparation of a patent is preparation of a cut-and-dried description of an invention according to parameters defined by Indian Patent Office. A legally drawn patent application extends complete protection of the invention to Indian law and international filing norm of another nation, e.g., America or Europe.
Drafting stage is technical description and legal words required in the application. The major goal is to provide a technical description of the invention’s scope and claim novelty, utility, and non-obviousness. Poor patent drafting can lead to rejection of the application or even worse, loss of protection for your intellectual property.
Role of Patent Drafting
Quality patent drafting is very important in the following aspects:
- Protection of Innovation: The most attractive feature of drafting a patent is that it protects the inventor’s idea, thus preventing others from using, selling, or making the invention without the consent of the owner.
- Competitive Advantage: Patents grant exclusivity, and this could enable companies to build a competitive advantage in the marketplace by discouraging competitors from copying or duplicating their innovations.
- Attracting Investment: A good portfolio of patents would certainly be an advantage in attracting investment and can rightfully be utilized to attract investment for future growth.
- Extent of Monetization: Patents can be licensed or sold in a bid to earn revenues for the inventors so that they could earn money from their invention.
- Global Protection: With a proper draft, the patents are enforced globally with regard to nations under global treaties such as the Patent Cooperation Treaty (PCT) so that your invention is protected on an international level.
Procedure for Drafting Patents in India
Techno-technical steps with regards to technical data with legal terminology backing are patent drafting. The multi-step patent procedure of the Indian nation involves the following:
1. Knowledge of the invention
After becoming thorough and familiar with the invention, only then can one proceed to the patent application process. It is a process of collecting all the technical facts, realising the novelty of the invention, and knowing for what problem it is solving.
Inventors must describe their invention in such a clear and detailed manner that someone highly skilled in the relevant technical field can easily understand and reproduce it without undue effort. Inventors are to provide a description of the invention in a manner to facilitate it being reproducible by any person very skilled in art.
2. Patent Searching
Here it is suggested that one go ahead and apply for a patent, as one will get to know if the invention is patented or not, new or otherwise. Even the patent offices of India provide an online facility for patent search through which inventors get to know if their idea is new or if such patents already exist or not.
A patent search helps save time and costs by avoiding work on already patented ideas. Patent search also puts application in the newest possible form to satisfy conditions of novelty, inventive step, and industrial applicability.
3. Preparation of Patent Application
Preparation of a patent application is finalised after an invention is brought into the open and a search has been done. An Indian patent application would typically consist of the following items:
- Title of the Invention: A brief and clear description that accurately reflects the essence of the invention.
- Field of the Invention: Revelation of the technical field to which invention pertains.
- Background of the Invention: It reveals previous art or solutions to problems under consideration by invention and recites deficiencies or defects in previous solutions.
- Summary of the Invention: This reveals concise summary of the invention, announcing gist points and advantages.
- Complete and Comprehensive Description: Of highly important significance to the application is and complete and comprehensive description of the invention and the accompanying definite examples, experimental results, and technical schematics or drawings of the invention.
- Claims: Claims will be used to define the scope of patent protection. Claims are extremely important to define the scope of the patent rights. A claim refers to some specific feature or an element of an invention, and one must write it with carefulness to provide wide protection.
- Abstract: It is a brief overview of the invention and gives a general technical field and purpose description of the invention.
4. Filing of Patent Application
The application for a letter patent is filed with the Indian Patent Office. Applications may be filed online on the website of the Indian Patent Office or by post to the concerned office.
Application is to be filed in the form prescribed and the fee paid, and inventor must file the application complete in all formalities according to Patent Act, 1970.
5. Patent Examination and Patent Grant
After filing the application, the Indian Patent Office will scrutinise the application to see if the application is in accordance with the provisions of the Patent Act. The examiner will verify if the invention is new, inventive, and industrially applicable. If all the requirements under the application are fulfilled, then the patent will be granted.
But then the patent would have to read and re-read the patent office several times and be read several times. Objections where objections are present that would have to be responded back by the applicant in whole and at such rapid speed that they cannot be rejected.
Key Elements of a Good Patent
- Specific and Clear Claims: Claims define the scope of the patent. Claims must be clear, specific, and concise so that they don’t become vague. Broad claims are safer but must be supported by the absolute description of the application.
- Detailed Description: It must be concise but detailed so that an ordinary skilled man can reproduce the invention. It must include embodiments, examples, and variations of the invention.
- Drawings and Diagrams: Diagrams make the technical aspects of the invention clearer and enable examiners to understand the concept better.
- Inventive Step and Novelty: Filing must confirm that the invention is novel and has an inventive step. This can be characterised very strongly by emphasizing strong contrasts with the prior art.
- Vague Claims: Vague claims narrow down the scope of protection, and gaps in the patent can be easily identified by others. Do not be vague and ambiguous while drafting claims.
- No Definition of the Invention: The description should be of such a nature so that the invention can be easily replicated and interpreted. Otherwise, then the application is likely to be rejected.
- Inability to Conduct Patent Search: Failure to carry out prior-grant patent search can result in filing an invention already patented, waste of money and time.
- Inability to Give Proper Importance to Inventive Step: The invention must possess a patentable inventive step. Unless the application substantiates that the invention is not obvious, then the application will be rejected.
Conclusion
The grant of a patent is a benevolent act to safeguard your intellectual property of your invention. A properly written patent application shields your idea from duplication and awards you exclusive right of use thereto. Instruction on how the patent system works, the major elements of an effective patent application, and landmines to shun creates confidence between inventors and firms to safeguard their inventions.
While technical and legal information is required to get a patent, the forbearance in filing a correct application will be fruitful in the long run by offering long-run protection as well as avenues for growth, investment, and generation of revenues.
Intellectual Property Rights Faq
Q1. How much time is involved in granting a patent in India?
Ans) The Indian patenting will be 2 to 5 years depending on the complexity of the invention and good will of the patent office, although this is offset to some extent by requesting them to expedite the review so that it can be done sooner.
Q2. How much does it cost to file a patent application in India?
Ans) Indian filing charges for patent applications vary based on the type of applicant (firm, start-up, or individual) and claims. Where an individual is involved, as per usual practice, it would be ₹1,600 to ₹8,000, but in the case of companies, it is more.
Q3. Can one patent an idea?
Ans) No, patents are awarded on novel inventions having industrial utility. Abstract ideas, theories, or scientific concepts cannot be patented.
Q4. What is the Patent Cooperation Treaty (PCT)?
Ans) The Patent Cooperation Treaty, or PCT, is an international treaty under which an inventor can file a patent application once and have it processed by more than 150 PCT member countries. Patent filing is facilitated everywhere.
Q5. Can a patent application be re-filed?
Ans) Yes, on examination, subsequent patentees might be allowed to repair or reconstruct the application with a try to reformulate or re-create the claims. New matter not made in the application ahead of time is not to be added through amendments.