Patent Drafting

Patent Drafting

Patent Drafting is a crucial skill and a daunting task in patent domain. A patent well drafted, covering all critical functions, installing the draft with comprehensive information in paralegal words, covering as many embodiments as broadest as possible over and above the prior arts, gives the patent application an edge to mine the area of the subject matter.

Application is drafted keeping in mind that invention can evolve during development. The draft should be prepared keeping into consideration all the laws of the land. The goal is to provide a clear, complete and precise description of the invention in a way that particularly stand out and distinctly identifies the invention over the similar state of the art technologies.

Patent Drafting

Types of Patent Applications

Provisional Patent Application:

A provisional patent application is an optional and voluntary techno-legal document that is filed to secure a priority date for an invention/idea, when the invention can be disclosed on paper as a simple idea but has not come upon the final stage. The provisional patent specification helps in creating a legal edge in terms of novelty and inventiveness of the invention/idea.

Ordinary Patent Application or Complete Patent Application or Non-Provisional Patent Application:

A complete patent application is a techno-legal document that is filed to secure an invention/idea by disclosing full description, working of the invention in the best mode and along with the new and inventive features (called as claims) of the invention. This patent application does not claim priority from any other document or patent application.

Convention Patent Application:

A patent application, claiming priority of another patent application filed in one or more of the convention countries, termed as a convention patent application. In order to get convention status, an applicant should file the patent application within 12 months from the date of first filing of a similar patent application in the convention country.

PCT International Patent Application:

The Patent Cooperation Treaty provides a provision of patent protection internationally to the applicants for their inventions. The applicants can seek protection for an invention in 153 countries throughout the world by filing one international patent application under the PCT. PCT patent application does not provide for the grant of an international patent, it simply provides a streamlined process for the patent application process in many countries at the same time. Applicants can enter into various countries within 30/31 months from the date of filing of PCT patent application.

PCT-National Patent Application:

The PCT national patent application follows the PCT international phase. It is necessary for an applicant to file a national phase patent application in each designated country for patent protection within the time prescribed under PCT, i.e., 30/31 months from the priority date. The applicant has to file the National Phase Patent application within 30/31 months from the priority date or International Patent application date, whichever is earlier.

Application for Patent of Addition:

When an applicant thinks that there is a scope of an improvement or modification in the invention disclosed earlier, the applicant may make an application for Patent of Addition by claiming priority of the main patent. A Patent of Addition is only granted when the main or Parent patent is granted.

Divisional Patent Application:

When a patent application covers and claims more than one invention, the applicant may divide the application and file two or more patent applications, as applicable for each of the inventions. This type of patent application is known as Divisional Patent application, as it is being divided from its parent patent application.

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