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Basics of Specification Drafting- A Presentation by Somshekhar Ramkrishana
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BySomashekarBananaIP
The object of Patent Law is to encourage scientific research, new technology and industrial progress. The price of the grant of the monopoly is the disclosure of the invention at the Patent Office, which after the expiry of the fixed period of the monopoly, passes into the public domain. Biswanath Prasad Radhey Shyam vs Hindustan Metal Industries on 13 December, 1978
SPECIFICATION
Patent Application Form of Application
Provisional Application (Provisional Specification + Filing documents)
Non Provisional/Complete Application (Complete specification + Filing documents)
Priority Date- filing date of the first application in a chain of applications
Section 7(4)- Every such application….shall be accompanied by a provisional or complete specification
Section 10(1) Every application…shall describe the invention and…begin with a title…
Section 10 (4)- every complete specification shall Fully and particularly describe the invention Disclose the best method End with a claim Be accompanied by an abstract And so on….
Title Preamble of the invention Technical field Background Objects Statement of the invention Brief description of the drawings Detailed description Claims Abstract Drawings
Coffee dispensing machine in which a crusher/grinder for grinding coffee beans is included as a novel and inventive concept
1. Should be provided in the first page of Form-2
2. Should indicate the subject matter3. Should not be more than 15 words4. Should be free from fancy expression or
ambiguity5. Inventor’ s name, the word “patent”,
words in other languages and so on should not be used
6. Should correspond to the broadest claim7. Should embrace all variants of the
invention (apparatus and method)
Title for our Invention? “Apparatus and method for dispensing
coffee” “Coffee dispensing Machine and method
of dispensing coffee”
Should be provided in the first page of Form-2
Provisional Specification The following specification describes the
invention
Complete Specification The following specification particularly
describes the invention and the manner in which it is to be performed
Provided in page 2 of Form-2 Should indicate general art to which
the invention belongs Areas of application may be mentioned Technical field for our invention? “The embodiments herein generally relate
to dispensing machines and more particularly to an apparatus and method for dispensing coffee”
Distinguish the invention from what is already existing in the field
Should not describe the claimed Invention Should use drawings to explain any prior art If the latest art in the field (prior to the
invention at hand) is Applicants own work , then such work should not be described here
Do not exaggerate the disadvantages of prior art
Do not criticize the prior art Example
Mesh layer
Guard panel
• Specification: – Composite guard includes
guard panel and mesh layer attached by continuous fusing or heat/ultrasonic welding
– criticized attachment means in prior art
• Background:“[t]he attachment means used in other prior art gutter guards is generally less effective, and more costly, time consuming, and labor intensive”
Claim: Heat weld...connecting said mesh layer to said guard panel
Accused product: Mesh screen attached to guard panel by adhesive/hot glue
Held: No literal infringement and no infringement under DOE
Background for our invention? “…At present, coffee beans are
crushed/ground separately to obtain coffee powder. Thereafter, the coffee powder is packaged and brought to be fed into the coffee dispensing machine. The aforementioned process is tedious and time consuming and hence having a crusher/ grinder integral to the coffee dispensing machine is desirable…”
“…In the existing coffee dispensing machine as shown in Fig. _, powdered coffee is provided manually through an inlet i of the machine…”
Should set forth broad objectives Acts as a pointer while drafting detailed
description
Objects for our invention? “An object of this invention is to provide an
apparatus for crushing coffee beans and dispensing coffee.”
“Another object of this invention is to provide a method for crushing coffee beans and dispensing coffee.”
Usually drafted when omnibus claims are intended to be introduced.
According to new manual of patent office practice and procedure (MPPP), Omnibus claim should be avoided.
Should clearly indicate that that the drawings are showing embodiments of the invention and not the invention itself
Should start with “…The invention is illustrated in the accompanying drawings, throughout which like reference letters indicate corresponding parts in the various figures. The embodiments herein will be better understood from the following description with reference to the drawings, in which:…”
Brief description of the drawings for our invention? “Fig 1 shows a coffee dispensing machine
according to an embodiment of the present invention; and
Fig. 2 is a flow chart showing the process of dispensing coffee.”
Should start with the following, or similar paragraph:
The embodiments herein and the various features and advantageous details thereof are explained more fully with reference to the non-limiting embodiments that are illustrated in the accompanying drawings and detailed in the following description. Descriptions of well-known components and processing techniques are omitted so as to not unnecessarily obscure the embodiments herein. The examples used herein are intended merely to facilitate an understanding of ways in which the embodiments herein may be practiced and to further enable those of skill in the art to practice the embodiments herein. Accordingly, the examples should not be construed as limiting the scope of the embodiments herein.
Should provide sufficient details of the invention
The making and using of the invention should be explained in depth so as to enable a person having ordinary skill in the art to practice the invention
Details of the invention should be explained with reference to drawings
Should disclose best mode
The terminology should be consistent Should be well organized and easily
understandable Start with a general overview and
proceed with increasing levels of detail Should set forth several, if not all,
alternative working examples even if only one embodiment is illustrated in the drawings
Detailed description for our invention?
“… the apparatus 100 as shown in Fig 1 includes a housing 10. The housing 10 is provided with a first hopper 12a and a second hopper 12b on a top portion thereof. The housing 10 is adapted to receive a first container 14a, a second container 14b and a collector 16 and a dispenser 18. The dispenser 18 includes a plurality of outlets 18o. ……..”
Should start in a different page Should start with Preamble I/We Claim Define the scope of protection Every claim has a date associated with
it Every claim is an invention What is not claimed in the “claims”
stands disclaimed
Parts of a claim Preamble Transitional phrase BodyExample Preamble Transitional Phrase
A system for……., said system comprising:element A;element B; and Body
element C.
Independent claim Stand alone usually broad
Example1. A system for….., said system comprising: element A; element B; and
element C.
Dependent claim Dependent on independent claim or
another dependent claim Narrow scope
Example 1. The system as claimed in claim 1,
wherein element A comprises element D.
Multiple dependent claim Refers back to more than one claim in
alternative Narrow scope
Example 3. The system as claimed in claim 1 or 2,
wherein element A further comprises element E.
Draft a broadest independent claim with at least one novel point and then proceed with drafting dependent claims
Do not include unnecessary limitation in the independent claim
Claim an apparatus in non-operational state
Do not include multiple dependent claims
Example: Provisional specification was filed disclosing elements A B and
C on February 26, 2011. Complete specification will be filed on February 27, 2012 disclosing elements D and E along with
elements A,B and C. 1. Can the complete specification claim priority from
provisional specification?
2. What is the priority date of a claim claiming elements A B
and C? 3. What is the priority date of a claim claiming elements D and
E?4. What is the priority date of a claim claiming elements A, B,
C, D and E?
Example 1. A chair comprising a seat and a back
rest. Said chair further having four legs.
1. A chair comprising:a seat;
a backrest; and at least one leg.
Example: 1. A fan comprising: a rotating hub; and three wings attached to said hub.
1. A fan comprising: a hub configured to rotate; and at least one wing attached to said
hub.
Claims for our invention?
Should be in a separate sheet Start with the title of the invention Should not exceed 150 words Should indicate the figure which needs
to be published with it
Should be accurately referenced and described
Should show every feature of the invention
Title Sequence of drawings First draft of Claims Technical field Background Object Brief description of drawings Detailed description Final claims Abstract
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