PROBLEM SOLUTION/ROOT-CAUSE ANALYSIS

PATENT DRAFTING


Patent drafting is a structured process that defines the scope of the invention by describing various technical features, technical effects and technical advantages of the invention. For most effective drafting practices, collaborative efforts between an attorney and the inventors are vital. It is absolutely imperative that the attorney understand the essence of the invention and highlight the novelty of the invention in view of existing art to mitigate potential rejections raised by the Patent Office.

Milestones of Patent drafting:
1. Receive complete Invention Disclosure Form and study the invention
2. If required, discuss the invention with the inventors or IP coordinators to understand all possible implementations and embodiments, and accordingly, formulate a patent drafting strategy to protect the broadest possible scope of the invention.
3. Prepare a claim set and drawings and share it with the inventors first to ensure if the essence of the invention has been captured correctly.
4. Prepare the complete specification with properly distinguishing the invention in view of closest prior art, defining the technical features, describing each feature with reference to the drawing, and forth bringing the technical advantages.

The drafting process requires deep technical understanding of the subject matter and drafting skills of the attorney. The attorney identifies the best suitable strategy for the drafting, such as top to down or down to top, and accordingly, works extensively to draft the claims with the broadest possible scope. We prefer an interactive process with involvement of the inventors to ensure all aspects of the inventions are captured before filing. During the drafting process, there may be multiple iterations or alterations in the subject matter which are incorporated with mutual efforts, as long as no new subject matter is added after the specification preparation. Patiently dealing with all the changes till the specification reaches to perfection is crucial.

Once the final version of the specification is prepared, the specification is processed for quality check, mainly considering following aspects:
1. Grammar
2. Clarity and conciseness
3. Vagueness leading to multiple interpretations
4. Adequate description of each claimed feature
5. Drawing illustration of each feature and numeric correctness
6. Formality requirements of different jurisdictions
Ultimately, the specification is prepared with deep technical understanding, current best practices in IP, and best possible technical scope rendering highest quality of drafting procedure.

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