Patent drafting is techno-legal content writing of an invention to be filed in patent office. The patent drafting follows guidelines laid out by the patent offices and differs from country to other. After assuring that the invention is patent-able, the inventor can proceed for drafting the patent in Indian patent format. Patent Draft format is decided on the basis of content and stage of the invention/innovation – Provisional Patent Drafting and Complete/Non-Provisional Patent Drafting.
Provisional (Idea) Patent Drafting
- What is a Provisional Patent and why it is done?
– Provisional patent is a provisional or non-permanent right given to an inventor for establish a priority for an idea or a concept with very less or incomplete technical information. Provisional Patent Drafting and filing is done to establish a priority date for an idea or in other words a patent for an idea is applied as provisional patent. Provisional Patent as the word suggests is not a final legal documentation and is suggested to file only if the inventor has incomplete information or just an idea and intend to get some time period to develop the product or gain complete information of the invention. Provisional patent drafting has to be converted into a complete/non-provisional patent within a period of 12 months otherwise the patent priority lapses.
Unlike non-provisional patent applications, there are no specific requirements or set guidelines for what has to be included in a Provisional Patent Application. Meditate on that. The nature of your idea — like whether it’s a simple consumer product or a game-changing innovation — has to be taken into account. If it’s the former, you may be able to generate income without ever needing to file a non-provisional application. If it’s the latter, you will need a wall of patents to keep others at bay.
- How to Draft an Provisional/Idea Patent Application?
– Idea Patent is primarily drafted with following sections – Technical Field of the invention, Background of the invention, Summary of the invention, Brief description of the invention and abstract. Although, the inventor can include additional section also.
Complete/Non-Provisional Patent Drafting
- What is a Complete Patent Specification and why it is done?
– Complete patent specification is a legal document filed in the patent office for claiming the rights of an invention and it details. Complete/Non-Provisional Patent Drafting is a legal document prepared in techno-legal language and defined by boundaries set by Claims for the invention.
- How the Complete Patent Specification is drafted?
– Complete Specification should be preferably drafted by experienced patent drafters who first identify the novelty aspects of the invention, defines the primary and secondary claims, structural limitations, drawings and details of the drawings and then uses their skills to create an enforceable patent application. The structure way of drafting the complete specification is as follows:
- Title of the invention – Choose a suitable invention title within 15 words which can denote your patent application;
- Technical description – A brief of which domain the patent application belongs to and specifically what is aimed to solve.
- Background of the invention – A background of what is conventional patents are, what do the conventional patent applications lack in and how the present complete patent application is solving those drawbacks.
- Summary of the invention – Summary of the complete patent application is generally in the lines with claim and sometimes it is paraphrasing of the claimed features and structure of the invention.
- Brief Description of Drawings – This includes a brief introduction of the drawings which support the claims of the patent application diagrammatically.
- Detailed Description of Drawings – This section elaborate the drawings in detail to provide an in depth knowledge of the complete patent application and support claims with additional details such as experimental details of the complete patent application and advantage of the patent application.
- Claims – This section is utterly important and has to drafted in broad manner specifying novel aspects of the complete patent application.
- Abstract of the Invention – This section is a brief of primary features of the complete patent application.
Patent Filing in India
Following the Provisional or Non-provisional patent drafting, patent filing is done in Patent office for patent examination and prosecution. Patent filing marks the beginning of the patent process. It is referred to as the constructive reduction of an invention to practice. Though the process of patent filing is largely procedural, it is an absolutely important step requiring expertise, attention, care and speed. Also, the options possible under patent law, nationally and internationally, necessitate due analysis and a strategic approach to patent filing.
ANSIP has expert draftsmen having an experience of more than 10 years. ANSIP possess expert illustrators providing efficient 2d and 3d CAD illustrations. ANSIP draftsmen have expertise in drafting for USPTO, EPO, India, Australia and Malaysian jurisdictions. ANSIP team have drafted and filed more than 500 patent applications including provisional and complete specification. Thus, we offer one of the best drafts in the industry and most competitive charges. The ANSIP team offers filing and patent handling all across India as well as countries like USA, Canada, European Countries (16 countries), Israel, Japan, China, Australia, Brazil, ARIPO and S. Korea.
Normal Life Cycle of The Patent after filing:
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves negotiation with a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition.
Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents.
ANSIP has a team of highly experienced attorneys and patent agent who have prosecuted more than 100 patents in various countries. ANSIP patent prosecution team have developed a habit of rigorous study of the rejections raised by the patent offices and provide a justifiable argument that leads to the grant for most of the prosecuted patents. Patent prosecution in different countries follow different procedure and timelines.
Frequently Asked Questions
An idea or a concept can be filed as a provisional patent application in India which must be followed by filing complete patent application within 12 months.
A start-up can approach a patent lawyer to perform patent-ability search, patent draft and filing in India. The start-up shall need to present document specified by the patent lawyer to claim the start-up status.
A patent for ayurvedic medicine may fall under non-patentability criteria as per Section 3 (b)- 3(e). Although if an ayurvedic medicine is developed after processing a set of ingredients and producing efficient results which has not been provided previously, then it can become patentable depending upon the judgement of the examiner. Hence, a patent for an ayurvedic medicine or a herbal medicine becomes slightly cumbersome to get grant.
International Patent application or PCT or WIPO patent application may cost between Rs. 35,000 to Rs. 55,000 for an individual and Rs. 1,45,000 to Rs. 1,60,000 for a company. The costs are inclusive of official fee to be paid to WIPO.
Yes, an individual or group of individuals can receive a patent depending upon the strength of invention and drafting of the patent application.
For an idea patent, an inventor need to prepare a draft with disclosure of the idea, its potential application and outcomes in accordance with rules specified under Section 9 and 10 of Indian Patent Act.
An applicant/inventor can file a patent by direct visitation to patent office or direct online filing or through an attorney.
An inventor should have a granted patent or published patent with working prototype to approach a company for patent sales. The value of sale is determined by calculating a value of the patent. For e.g. – the demand amount of patent sale can be pegged at 15-30% of the calculated value of patent.
An Indian inventor can file a US patent in three mode:
- a)Conventional Route – File an Indian patent and then after 6 weeks file directly a US patent through a US attorney or an Indian company providing services in US also within in 12 months from priority/filing date.
- b)Direct Filing – Take permission for filing a US patent application directly through Form 25 and then apply the US patent through a US attorney or an Indian company providing services in US also.
- c)PCT Route – File an Indian patent and then after 6 weeks file a PCT patent application. Following this, file a a US patent through a US attorney or an Indian company providing services in US also within in 30 months from priority/filing date.
A patent for food product follows stringent scrutiny and must be supported by experimental for increasing the chances of success. The patent filing and registration procedure is same as for other technical domains.
No, any abstract idea cannot be patented in India as specified under Section 3(n).
Jewellery designs can be registered as Design application/ deisgn patent in Kolkata patent office.