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Drafting & Filing Patent in India – Insights by Patent Attorney

October 15th, 2015

Patent Drafting | Writing Patent Application

As it is well known, inventions are created and protected under patent rights and a strongly drafted patent application determines the potential of an invention. The patent process includes various steps, including, prior art patent search, patentability analysis, drafting and filing provisional patent application, drafting and filing complete (non-provisional) patent application, patent prosecution, patent grant and patent renewal. For each step, the strength of patent depends upon quality of drafting patent application, specifically prosecution before the patent office. Therefore, drafting a patent application is a crucial and challenging process.

Originally published here.

Patent Drafting India

Drafting of patent application in India requires compliance with provisions of Indian Patents Act, 1970. Specifically, Section 10 of Indian patent law states “Contents of specifications”, which requires every patent specification, whether provisional of complete, to describe the invention.

This section requires that every patent application filed in India shall begin with a title sufficiently indicating the subject-matter to which the invention relates and shall include drawings (patent figures or patent illustrations) as part of the patent specification.

The Indian Patents Act further states that if required, in any particular case, the Controller of Patents may ask the patent applicant or inventor to further provide a model or sample of anything illustrating the invention or alleged to constitute an invention.

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Every patent application that is to be filed with Indian patent office shall:

• Fully and particularly describe the invention, its operation or use and the method by which it is to be performed;
• Disclose the best method of performing the invention known to the patent applicant and for which the claim protection is sought;
• Patent claim or claims defining the scope of the invention for which protection is claimed; and
• An abstract to provide technical information on the invention.

Drafting Patent Claims in India | Writing Patent Application in India

Before filing a patent application in India, it should be ensured that the patent claims of the complete patent specification (non-provisional patent application) shall relate to a single invention, or to a group of inventions linked so as to form a single inventive concept, which shall be clear and succinct and shall be fairly based on the matter disclosed in the specification.

Patent Drafting Resources

1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

3. Patents in MedTech – Online Healthcare & Medical Practice Management

4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

6. How and Why are Patents Important for Technology Companies & Startups In Asia?

7. How can Patent Search help in determining Patentability of Invention?

8. What is the meaning of Patent Pending Status?

9. What are advantages of Filing a Provisional Patent Application?

10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

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