We use the expression patent drafting to refer to the process where they write the patent description and claims, which is the core of any patent application, and in due course, if allowed, of the granted patent specification. This is a creative and bespoke process where we turn the inventor’s ideas into a document that is designed to get the best patent possible. You can draft your own patent specification. KIPI does its best to serve people who apply on their own behalf but does not draft patent claims because they carry out examination of the same patent application. If you are patenting an invention that you believe has real commercial value you really do need to get this part right by seeking our assistance. Without a well-drafted patent specification, you may not be able to realize the commercial returns that you deserve, and that’s where working with a local patent attorney can be invaluable.
Patent drafting, besides being the most important document in the entire patent registration process, is also considered to be one of the most complex techno-legal documents. This document contains the aspects of the invention for which protection is sought. Claims are the heart of a patent. It is the claims that are looked into during a patentability opinion by the Patent Office and are protected by law after its grant. If one describes the important aspects of the invention in the description but does not include in the claims, then those aspects can be easily copied by others. Therefore, to stop infringement, one needs to construct the claims with care and include all the important aspects of an invention.
Constructing claims is an art and requires a fine balance between the legal and the technical. Moreover, there is always the dilemma of constructing the claims either too broad or too narrow. Usually patent agents try to construct claims as broadly as possible to widen the scope of the invention. If the claims are too broadly constructed, there is a possibility that the application would face rejection for covering more than what the inventor actually invented. On the other hand, if the claims are too narrow and does not cover the invention adequately, competitors may easily copy the invention and work around it without infringing the patent claims. If a patent claims are narrow, the patent may not be of much use commercially because competitors may make slight modification in the product that do not infringe the patent claims and launch it in the market.
Therefore, too claim just right is a difficult task achieved only through practice and expertise in the field of drafting. Better patent drafts tend to include a mix of broad as well as narrow claims to adequately protect an invention. At Intepat, to draft patent applications to perfection, we have a strong team comprising of patent attorneys, registered patent agents, and technologist who work in systematic internal processes to understand your invention and deliver quality patent drafts. Our patent drafting team can expertly draft patents in various domains of science and technology. We have the experience of drafting numerous patents in various technical fields, pertaining to domestic and foreign clients.
We, at FOIPA, also have the software tools required for illustrating the patent drawings required along with the patent application. The preliminary patent draft is provided for our client's review within 7 to 21 days.