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UNLOCKING THE BLUEPRINT: DECODING THE STANDARD COMPONENTS AND HEADINGS OF PATENT SPECIFICATION DRAFTING

April 15, 2023

* Tushar Patidar

The patent system is designed to protect and promote innovation by granting exclusive rights to inventors for a limited period. However, the process of obtaining a patent can be challenging, especially for those who are not familiar with the technicalities of patent specification drafting. To successfully draft a patent specification, one must be familiar with the standard components and headings used in the process. In this article, we will take an in-depth look at the standard components and headings used in patent specification drafting and explain their purpose and function. By understanding these elements, inventors and patent practitioners can improve the chances of a successful patent application.

Enlisted below are the standard components used in ―patent specification‖ drafting along with its purpose as per Section 10 of the Patents Act, 1970:

  1. Title: The title of the specification should adequately describe the subject matter to which the invention relates It should be as concise, clear, and unambiguous as feasible, but it need not contain all the specifics of the invention itself. It should typically be no longer than 15 words. It must verbally concur with the application's declared title. The terms "Washwell Soap," "Universal Rest Easy Patent Chair," the word "Patent," words in other languages, the abbreviation "etc," and the following are not permitted in the title. The following book titles do not seem objectionable: Improved pneumatic tires, rail chairs on trains, motorcar differential gears, enhanced folding chairs, improved incandescent lamp bulbs, etc.
  2. Field of Invention: This section describes the broad and narrow fields within which the invention's subject matter falls. The examiner can choose which search fields to look into to locate related published technologies, if any, based on the field of invention. In order to establish the subject matter to which the invention is related, this section of the specification should preferably begin with a broad declaration on innovation.
  3. Abstract: To offer technical details on the invention, an abstract must be included with every entire specification. The invention's title should be the first sentence of the abstract.
    The abstract must be written in such a way that it functions as an effective tool for research in the relevant technical sector, particularly by enabling readers to determine whether they need to consult the specification.
    A succinct overview of the information in the specification must be included in the abstract. The summary must make apparent the technical field to which the invention belongs, the technical issue to which it pertains, the solution provided by the invention to the issue, and the invention's primary purpose or uses. When necessary, the chemical formula that defines the invention must be included in the abstract.
    One hundred fifty words is the maximum number of words that can be in the abstract. If the specification includes a drawing, the applicant must include a figure—or, if possible, the figures of the drawings—on the abstract before it is published. The reference sign used in the accompanying drawing must come after each primary characteristic listed in the abstract and represented by an illustration. The Controller has the right to edit the abstract to give third parties more accurate information.
  4. Summary of the invention to be patented: The summary of the invention describes the invention's nature and technological field. Additionally, it contains the key elements of a comprehensive description of a procedure, device, item of manufacturing, or component of a substance. The summary also touches on the invention's benefits. The summary gives a condensed version of the invention's main concept. The overview highlights the pre-existing issues and their solutions that were noted in the backdrop of the innovation.
  5. Models, samples, or drawings: For the purposes of my specification, the Controller may request the applicant to provide drawings, whether complete or proviso. Unless the Controller specifies differently, any such drawing shall be assumed to be a part of the specification.
    When the Controller determines in a unique circumstance that the application should be strengthened by a model or sample of anything illustrative of the invention, he/she may ask for the provision of such sample or model. Before the application is approved, this model or sample must be provided to obtain a patent. Such a model or sample is not to be considered when interpreting the specification. Drawings are mostly made using chemical or mechanical charts, graphs etc.
  6. Patent Claims: The invention, its mode of operation, and the procedure by which it is to be carried out should all be completely and specifically described in the claim. A claim or claims outlining the scope of the invention for which protection is sought should be included at the end of the document. This technique of accomplishing the invention, which is known to the applicant and for which he is entitled to claim protection, should also be disclosed.
    The purpose of the claims is to precisely and concisely identify the monopoly asserted, allowing others to understand the precise limits of the territory within which they will be infringers. Their main goal is to curtail the monopoly, not to increase it. Disclaimed is that which is not claimed. The Delhi High Court ruled in Ram Narain Kher Ambassador Industries New Delhi-and-Another that the claim's purpose was to "define the scope of the invention claimed." The benefit that the applicant hopes to obtain with his invention must be specified in the claim.
  7. Background of the Invention: The shortcomings or weaknesses of prior art findings are briefly covered in this section. To differentiate the invention at hand from those that are already being used in the targeted industry, this information is mostly provided. The background part lays the groundwork for a later, more in-depth description of the idea.
  8. Detailed description of the invention to be patented: Each detailed specification must –
    • An innovation must be described in sufficient detail to facilitate easy acquisition of a comprehensive knowledge. In addition, the type of improvements or modifications made relative to the prior art must be suitably and explicitly reported. The offered information on the innovation should be adequate for a seasoned expert in the subject to carry out the invention by teaching themselves the necessary technical abilities. Examples, illustrations, or both may be used to describe and identify the sort of invention. The description must include an adequate number of examples, especially those relevant to chemical inventions.
    • At the beginning of the specification for a Patent of Addition, a clear declaration specifying an improvement or modification of the original invention must be provided, together with the serial number of the patent application for the original invention. In the specifications, a brief description of the invention as specified in the previous specification should also be given.
    • If foreign terms are included in the description, they should be followed by their English equivalents. Avoid the use of unclear slang and colloquialisms since they are disrespectful.
    • The specification must contain a reference to this material within three months of the filing date. To appropriately identify or indicate the item, this reference must include all its available features, including the name and address of the depository institution as well as the date and number of the material's deposit with the institution.
    • Sequence listings should be made available online.
    • The content is available in the depository institution only after the date of the patent application in India or, if a priority is claimed, after the date of the claimed priority.

Conclusion: Patent specification drafting is a crucial process in obtaining exclusive rights for inventors' innovations. Familiarity with the standard components and headings used in patent specification drafting is essential to create a successful patent application. The different components, including the title, field of invention, abstract, summary of the invention, models, samples, or drawings, patent claims, background of the invention, and detailed description of the invention, have specific purposes and functions that must be understood to draft an effective patent specification. By following these guidelines and understanding the elements of a patent specification, inventors and patent practitioners can improve the chances of obtaining a patent for their inventions.

References:
  1. World Intellectual Property Organization, Patents, https://www.wipo.int/patents/en/ (last visited Mar. 8, 2023).
  2. Paruli Upadhyaya, Patent Drafting: Complete Patent Specification Elements Sagacious, (Mar. 8, 2023) https://sagaciousresearch.com/blog/complete-patent-specification/
  3. Somashekar Ramakrishna, Drafting a Patent Specification, BANANAIP IP NEWS CENTER, BANSAL IP COUNSELS, (Mar. 8, 2023) https://www.bananaip.com/ip-news-center/patents-drafting-patent-specification/
  4. KHURANA & KHURANA, ADVOCATES AND IP ATTORNEYS, Anatomy of Patent Specification, https://www.khuranaandkhurana.com/wp-content/uploads/2017/01/ANATOMY-OF-PATENT-SPECIFICATION.pdf (last visited Mar. 8, 2023).
  5. Structure and Function of the Patent Specification, HGF LIMITED, (last visited March 8, 2023) https://www.hgf.com/wp-content/uploads/2020/09/Structure-and-Function-of-the-Patent-Specification.pdf
  6. MONDAQ, Patent Specification -Where the Rubber Meets the Road, (last visited Mar. 8, 2023) https://www.mondaq.com/india/patent/550572/patent-specification---where-the-rubber-meets-the-road
Author:

* Mr. Tushar Patidar
BBA. LLB
Symbiosis Law School, Pune.

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.