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vidya (Business Developer)     16 October 2014

Drafting guidelines and best practices

Only a proper written specification will avoid unnecessary troubles at the examination stage and will  get you the desired patent protection.

Before getting started with the specification drafting, it is good to capture the issues raised by existing arts and what we are going to bring as a solution to those issues by our proposed invention.

After identifying the main focus area, the underlying words or terminology representing the main focus area of the proposed invention can be determined and finalized.

Generally, the specification is focussed on the embodiments or technicalities of the invention. However, at times the clients may want the specification to provide holistic view of the proposed invention along with a due importance given to the presentation and guidelines. Hence, while drafting the specification, it is a good practice to provide embodiments and technicalities of the invention along with the holistic view of the invention.

Few points to remember in various sections-

Background Section:

  1. The draft must start with definition of the key terms used in the specification.
  2. The core idea or concept of the proposed invention can be explained with examples.
  3. The section must explain in detail about the issues to be resolved in the existing prior-art.
  4. The challenges that exist in the state of the art are explained and the need for the proposed core idea or concept must be justified.

Summary Section:

  1. Must summarize the method of implementing the proposed invention.

Detail Descripttion Section:

  1. Flow-chart explanation starts with a system that enables the method to perform the required objective.
  2.  Explanation of the method must be oriented towards a single entity required to achieve the objective of the proposed invention.

Claim Section:

  1. The claim language and terminologies must be consistent with the detailed descripttion section language and terminologies.
  2. The preamble of the claim must include the important features required for achieving an objective of the proposed invention.
  3. The preamble must focus on the objective of the invention. For example, the preamble can be focused on facilitating an action by performing an activity related to the main concept of the invention.

Drawings Section:

Following drawings are included and are required for a patent application:-

  1. Flow-chart - Explaining the process of implementing the proposed inventive method using the system. For example, the flow-chart can explain the process of facilitating an action by performing an activity related to the main concept of the invention.
  2. System components diagram – Descripttion section explains in detail about implementing the proposed invention by using the system components.
  3. For an application oriented invention, Application screen-shots are included in the drawings section – The application screen-shots describes about using the application for implementing the proposed invention.

As we see there are certain guidelines to be followed in writing a good patent specification. It is always suggested to use an expert advice to do so. 



Learning

 2 Replies

Hardeep (Business)     16 October 2014

Thanks for this. Could you please give tips on Patent agent exams and books for the same?

Adv k . mahesh (advocate)     16 October 2014

Here you will get details on Patent Agent Exam 2014 with its notification, date, syllabus and paper pattern.

Comptroller General of Patent Designs and Trademarks of the Government of India conducts Patent agent exam. This exam probes aspirants on their knowledge of patent acts and rules in India and as also the drafting and interpretation of patent specification and other documents. Graduates in streams of science, engineering and technology who have completed 21 years of age are eligible to apply for this exam. Interested applicants wishing to apply for this exam are required to do so online on www.ipindia.nic.in.

Essential qualifications:-

Citizens of India having completed 21 years of age and possessing a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India or possessing such other equivalent qualifications as the Central Government may specify in this behalf, are eligible to apply for the examination.

Patent Agent Exam 2014 Paper Pattern:-

The written examination consists of two papers of 100 marks each.
•Paper 01: Patent Acts and Rules
•Paper 02:Drafting and interpretation of the patent specification and other documents

Paper 01 consists of two parts.

Part A and B

PART A (This section comprises of two sub-sections)
Part A1:  The subsection is of 30 marks with 15 MCQ of 2 marks each.Each question will have a maximum of two six choices and minimum of two correct choices.
Part A2: This subsection will have 10 true and false type questions of 10 marks each.

PART B: Part B will consist of eight subjective type questions. Candidates are required to answer any 6 out of the 8 questions.

Paper 02 will also consist of two parts

Part A and B

Part A:The section will contain six questions of 10 marks each. Candidates are required to attempt any four of the following questions. The questions will relate to drafting and interpretation of patent specifications and other documents required to be submitted under the Act and Rules.

Part B (This section comprises of two sub-sections)
Part B1: This is a compulsory section and will consist of one question and will be related to drafting of claims and abstract from the given descripttion of an invention.
Part B2: This sub section consists of two questions. Candidates are required to answer any one. One question may relate to general engineering while the second may be related to chemistry or life sciences.


How to apply Patent Agent Exam:-
 
Aspirants wishing to apply are required to do so online on official website www.ipindia.nic.in. Detailed instructions related to registration is posted on website.Applications are required to be strictly in accordance with said  instructions. Candidates are required to fill details in online application form.A printout of the application form should be also taken. . The said application form along with the necessary enclosures and examination fee should reach the following address

The Controller General of Patents, Designs and Trade Marks
Boudhik Sampada Bhawan
S.M. Road, Antop Hill
Mumbai – 400037

What does a patent agent do ?

A patent agent is responsible for
-reading  descripttions and discussing details of inventions.
-undertaking searches to establish that inventions are different.
- produce detailed and clear specifications of invention.
- submitting, defending and negotiating patent applications.
- providing associated legal advice.

- See more at: https://www.eduvidya.com/Search/Patent-Agent-Exam#sthash.Plzt82Oj.dpuf


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