Patent drafting is very difficult and requires the presence of patent agent, advocate and technical expert for the preparation of the same. It must properly specify the title of the invention, background of the invention, field of invention, description of the drawings(if any) , description of the invention, claims, specification of abstract(if any). It is to be noted that the specification should be framed in good faith and with reasonable skill and knowledge. In a famous case the court has laid down that where an amendment of a specification has been allowed no damages will be granted unless the court is satisfied that before the date of amendment the specification as originally published was framed in good faith and with reasonable skill and knowledge. Similarly in case of partially allowed claims the court granted relief to the patentee only when he proved that the invalid claims where specified in good faith and with considerable knowledge pertaining to the same. Thus, before drafting a particular patent application it is extremely necessary to see that the captioned invention is within the limits of its scope.
Patent Drafting Process
Patent application mainly comprises of the elements as stated aforesaid. A specification whether provisional or complete should describe the invention in a proper manner. It must begin with a title sufficiently describing the subject matter of the invention. The controller may ask for drawings to be furnished in respect of the application, such drawings form part of specification. The controller also has the power to ask for models/samples illustrating the invention. Such models however, will not form part of the specification. A complete specification should satisfy the following requirements i.e. It should fully and specifically describe the invention and the method regarding the same, it should disclose the best method of performing the invention known to the applicant, it should end with a claim or claims properly defining scope of inventions and it should be accompanied by an abstract to provide technical information. Thus all this things should be properly monitored while drafting a patent application so that the patent can be granted and the patentee can properly enjoy his monopoly for a period of twenty years.