Guidelines For Patent Drafting: How To Write A Patent

Posted by Admin August 1, 2022

Patent Drafting

Introduction of patent drafting

What Does Patent Drafting Mean? Writing the patent description and claims is known as patent drafting and is a step in the patenting of an idea process. Every patent application has it at the Centre point. When a patent is granted or issued, the drafting acts as the document’s specification. A technical document with legal formatting is known as a “patent draught.”

Establishing an invention’s uniqueness and its inventive step, or lack of obviousness, are its primary purposes.

Always remember that a patent drafting or specification’s primary goal is to draw attention to an issue with the state of the art or technology at the time and offer a novel solution that would be obscure to someone with the required expertise.

For a smooth and expedited prosecution, it is essential to communicate the innovation in writing and to adhere to statutory requirements. The textual specification is the basis for the grant decision because an examiner frequently does not request a model, prototype, or finished product. The patent drafting should be written in a way that entirely or explicitly describes an invention, thus enabling a person of ordinary competence in the art to carry out the invention without the need for undue effort.

PATENT SPECIFICATION COMPONENTS

  1. the invention’s name;
  2. the invention’s field;
  3. Background information; 
  4. the invention’s goal;
  5. The invention’s goal;
  6. a description of the invention;
  7. a brief explanation of the drawing;
  8. a thorough explanation of the invention;
  9. asserts; and
  10. Abstract.

STEPS FOR DRAWING A PATENT

Step 2: Identify novelty

To assess an invention’s novelty, previous art databases, such as:

  • Canon lenses
  • Patent by Google
  • USPTO search engine
  • IPO search engine
  • such as Pubmed
Step 2:Determine whether an idea is original or original.

By formulating a problem-solution statement, contrasting it with the prior art, and developing a claim strategy, one can assess the ingenuity of mechanical innovation.

  • Illustration: Imagine, for instance, that a technique for selective bed cooling is disclosed, with separately vented sides, so that each side of the bed has a selectively varied temperature.
  • Create a problem statement.: Two people using the same bed in temperature-controlled beds are exposed to the same temperature.
  • Establish a solution statement.: a bed ventilation system that allows for adjustable temperature on each side of the bed.
  • Compare it to current technologies and draw contrasts: a ventilation system with independently venting bed sides that allows for selectively variable temperature settings on either side of the bed.

Step 3: The creation of a patent specification

Each component should be highlighted for its originality and creativity.

Create a claim strategy before you start writing. It should involve combining novelty and inventiveness, “venting of conditioned air in a specific portion of the bed with the flexible partition of bed longitudinally,” and other elements.

1 DESCRIPTION OF THE INVENTION

The title should adequately describe the topic and list the unique characteristics of the invention (word limit – of fifteen).

Possible Titles related to the example above

“A bed for venting ambient air in specific areas”

                                       Bedding Ventilation Unit

Comment: Avoid using words like “unique,” “novel,” “better,” “excellent,” or “best” in the title.

2. INVENTION’S FIELD

Briefly describes the subject matter, benefits, regions of application, and preferred usage of the invention.

  • A cooling bed is the subject of this innovation.
  • The present invention relates to bedding generally and, more particularly, to a ventilating system for a bed for selectively venting either ambient air or heated air into the bed linen of a bed near the foot of the bed through a pair of vents clipped to the mattress in a spaced apart manner.

Comment: Please take note that the field of the invention should limit the use of vernacular. Therefore, alternative applications are automatically disclaimed if just a cooling bed is stated as a use.

3. TO UNDERSTAND PATENT DRAFTING, READ THE HISTORY OF THE INVENTION

The background should make the issue evident, and cutting-edge technology will be used to fix it (Prior Art). The indication must highlight scientific publications, patents, and other developments in the sector. For more information, see :

(a)To be fixed issue:

Illustration: Many people enjoy sharing a bed with their partner, but they often need help to agree on the ideal cooling bed temperature. It is well recognised that most husbands and wives require different levels of cooling to reduce their body temperatures because of differences in metabolic and hormonal activities.

Additionally, people without access to air conditioning may have trouble falling asleep because of their elevated body temperatures during hot summer evenings. Although these people may have access to ceiling or window fans, the mere flow of air is frequently insufficient to bring body temperatures down to a comfortable level. In addition, many people experience hot flashes and night sweats, necessitating additional cool air to lessen the sudden surge in body temperature. Therefore, there is a need for a bed that gives each user easy control over the area and intensity of cooling.

(b)the most recent technologies

The state-of-the-art technology includes the closest citations or Prior Art for both Patented and Non Patented Citations.

Patent Citations:

The number of citations is unlimited, but at least three of the most pertinent or nearby citations should be explained. Include the DE 100 12617 patent or application number, a brief description of any limitations or differences from existing technology, or a summary of the inventions’ primary goals.

Not patent-protected citations can be found in anything from a product description on a website to a study from a scholarly publication.

4. TITLE OF THE INVENTION’S OBJECT – The invention’s goal should be crystal obvious in highlighting the following:

  • The requirement of the invention;
  • Clearly distinguish the claimed invention from the previous art by outlining the technical issues with the existing technology and the fix for those issues; and
  • The invention’s goal should be explicit as the story’s object(s).

Format:

1st Object: This invention’s main/most/principal object is.

2nd Object―The following is another goal of this invention:

3rd and Subsequent Objects “An additional object of the invention is,” “Yet another object of the invention is,” etc.

Illustration:

The provision of a method for separately venting both sides of the bed is one of the main goals of the current invention. Technical issues in addition to that

The provision of a ventilation system for a bed that allows for varied temperature settings on each side is another goal of the present invention. (The need for the story)

Another goal of the invention is to create a ventilating system that includes a ventilator unit with two conduits that end in two bed-attachable vents. (Differences between the allegedly new story and the existing knowledge)

The provision of a ventilation system with vents that include clips so that the vents can be fastened to a mattress is another goal of the current invention.

5. CONCLUSION OF THE INVENTION

Before providing the details of the invention and the method of performing it in the following section, the summary briefly describes its embodiments. The claim should unambiguously state the distinctive, innovative characteristics and originality of the invention for which protection is sought. Declaring various features of the innovation is the purpose of this section.

Illustration: By providing a ventilation system for a bed that may selectively vent either ambient air or warm air into the bed linen of a bed near the foot of the bed through a pair of vents clipped to the mattress in the present invention, the disadvantages of the prior art are eliminated. Each chamber has its vent in conduit communication with the ventilator unit, which incorporates a heater and a fan working independently to select ambient air or heated air and the desired air volume through a low, medium, or high volume settings. The top and bottom sheets are spaced apart, with a flexible partition longitudinally extending their lengths and fastened therebetween. The heated air’s temperature can also be chosen using low, medium, or high settings. A top sheet is also offered, with the flexible barrier attached only to the whole sheet, allowing users to move freely between the chambers as they like. In contrast, the barrier member divides the bed into opposing chambers.

6. DESCRIPTION IN SHORT OF THE DRAWING

As was previously noted, an examiner would typically not request a model, prototype, or finished product; therefore, to effectively convey the product, as many drawings as feasible should be added.

7. DESCRIPTION IN DETAIL OF THE INVENTION

A thorough picture of the invention should be supplied because the primary goal of the detailed description is to allow a person experienced in the field to put the story into practice without further experimentation.

Completely and specifically describe the apparatus, system, or device using drawings (a reference to the pictures), describing every component and their connections and the best method for carrying out the invention.

FIG. 1 is a picture of the bed ventilator from the current innovation ten used as an illustration. The ventilator unit 12 of the present invention has a divided bed sheet 14 with separated vented chambers 26 and 28, each clamped 18 to the mattress 22 on its respective side, allowing each user 20 to determine their preferred temperature setting. The heater and the fan are integrated into ventilator unit 12’s power cord 96 so that one user 20 can choose heat while the other chooses air supplied by flexible hoses 16. The present invention optionally provides sheet blanket clips 18 for attaching the divided sheet 14 to the rest of the upper bedding, blankets, comforters, etc., to help the pliable barrier stay centred and in order on the bed. The divided bed sheet 12 has a flexible longitudinal wall that separates the first vented chamber 26 from the second 28.

Note: Drawings and illustrations should be submitted on separate sheets.

8. CLAIM(S)

If a patent is issued for an innovation, claims outline the boundaries of the rights. Therefore, the most critical component of a patent application is the claims. A comprehensive specification follows the description with claims. Since claims specify the boundaries of legal protection, it is advised that they be carefully prepared to address all aspects of the protection sought while sufficiently separating the claimed invention from the prior art.

WRITING A CLAIM (S)

Typically, a claim has three parts: a preamble, a transitional phrase, and a body.

Format: A claim begins, “I/We Claim” (as applicable)

An assertion typically has three parts: a preamble, a transitional phrase, and a body.

(a) Preamble: Describes the invention’s category and, occasionally, its purpose.

a ventilator for beds

(b)Transition Phase: Words and phrases like these could be used as the transition phrase:

– composed of

– including

–comprised of

– primarily consisting of

Suppose the invention enhances a good or a method already known in the prior art. In that case, it should be defined very clearly by defining the claim so that it has two components, each of which is separated by the words “characterised by” or “wherein.” The prior art is the section “characterised by,” and the invention’s features are what come after.

(c) Body: The features of the invention are listed in the clam’s body in a single sentence.

Illustration: The Base Technology or the Previously Mentioned Prior Art is

1 A bed ventilator that includes:

a) a bed sheet that is separated into first and second chambers with vents large enough to fit a person;

b) a ventilator in conduit connection to every one of the aforementioned vented chambers; and

c)a control unit for the ventilator unit, which can activate the ventilator so that air is directed into one or both vented chambers. The divided bed sheet comprises a top sheet, a bottom sheet that is longer than the whole sheet, and a longitudinal flexible partition connecting the top and bottom sheets. The full sheet and partition portion extend beyond the bottom sheet to form the first and second vented chambers in a side-by-side configuration.

Illustration: Any change in the base technology must be described in the claim if it relates to an improvement of the prior art or base technology, as demonstrated above.

1. A bed ventilator that includes:

a) a bed sheet that is separated into first and second chambers with vents large enough to fit a person;

b) a ventilator in conduit connection to every one of the aforementioned vented chambers; and

c)a control unit for the ventilator unit, which can activate the ventilator so that air is directed into one or both of the vented chambers. The divided bed sheet comprises a top sheet, a bottom sheet that is longer than the top sheet, and a longitudinal flexible partition connecting the top and bottom sheets. The top sheet and partition portion extend beyond the bottom sheet to form the first and second vented chambers in a side-by-side configuration.

 wherein,

[Novel and inventive elements should be listed and explained.]

9. ABSTRACT

An abstract is a summary of the information in the specification that identifies the technical field to which the invention belongs, the technical issue to which it relates, the solution to the issue provided by the story, and the invention’s primary use or uses. As mentioned above, the abstract should be brief; for this reason, it is just 150 words long.

Illustration of patent drafting

“A bed ventilation system for selectively venting ambient air or heated air into the bed linen of a bed near the foot of the bed through a pair of vents clipped to the mattress in a manner that is spaced apart. With a flexible partition that runs the length of the top and bottom sheets and is fastened there, two side-by-side chambers are created, each with a vent connected to a ventilator unit that includes a heater and a fan that operate independently of one another, allowing the user to choose between ambient air or heated air and the desired air volume using low, medium, or high volume settings. This article is about patent drafting; to get more in-depth updates, follow us.