Basics of Patent Drafting
Basics of Patent Drafting
Basics of Patent Drafting
By Anita Kalia
Origiin IP Solutions, Bangalore
Disclaimer
The main purpose of this presentation is to provide
basic information on patent drafting skills and train
candidates for the Indian Patent Agent Examination.
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Introduction
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Introduction
Simple invention
Patent protection is not only for the “big ideas”
but for small developments as well.
EXAMPLES:
Paper clips
Pencils
Ball pen
Toothbrush
Post-it notes
Shaving blades
Toys
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Inventions
• Where do inventions come from?
– Single inventors alone or in cooperation
– Product and service based companies of all sizes
– Private and public research laboratories
– University research laboratories
• Where do inventions go to?
– Disclosed to at least one patent office in order to apply
for exclusive patent protection
– Kept as secret (sometimes best strategy)
– Enter the market as new products without patent
protection
– “down the drain“ (published too early or abandoned)
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Various Stages of Patent filing
Signing NDA
Invention disclosure
Commercialization
Success? Failure?
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BEFORE DRAFTING
Is invention patentable ?
Is invention novel, inventive ?
Prior art/prior disclosure ?
• Oral disclosure ?
• Prior printed publication available to the public ?
• Prior public use ?
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Important points to remember before writing a
Patent Application
Understand the invention
Find the gist of the invention
Find various aspects of the invention
Find the right words, terminology to describe the invention
Anticipate, how competitors could avoid the claimed invention while
taking advantage of its teachings (foreseeing the future)
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Parts of a Patent Application
1. Title
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Parts of a Patent Application
7. Claims
Extent of protection
8. Abstract
Within 150 words and shall commence with the title of the invention.
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1. Title
Gives a fair indication of the art or industry to which the invention belongs to
Brief and free from fancy expressions
Free from ambiguity
As precise and definite as possible
Normally within 15 words.
The followings are not allowable in the title:
◦ Inventor’s name;
◦ the word ‘Patent’;
◦ words in other languages;
◦ the abbreviation “etc”;
◦ fancy words, e.g. “Washwell Soap”
◦ Universal Rest Easy Patent Chair”
EXAMPLE:
1. BED SHEET TENSIONER
2. DRAFTING TABLE
3. WRIST EXERCISER
4. ENGINE EXHAUST HEAT RECOVERY APPARATUS
5. MECHANISM FOR UTILIZING WASTE HEAT FROM AN ENGINE
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TECHNICAL FIELD OF THE
INVENTION
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2. Technical Field of the invention
EXAMPLE:
This invention relates to improvement in device for tensioning of bed
sheets.
This invention relates to a drafting table of the type wherein a table plate is
borne by a stand having two vertical supporting columns, each including an
outer bar and an inner bar telescoped therein, and having an outrigger
associated with each of the columns for determining the base plane of the
table.
This invention relates to devices commonly referred to as wrist exercisers.
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BACKGROUND OF THE INVENTION
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3. Background of the invention
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3. Background of the invention
discomfort which can result into many problems related to lack of sleep and
comfort.
There have been many proposals to tension a bed sheet, but these have all
required that one fitting or other be provided on the bed sheet on which to
fasten some form of retaining strap. For example one previous device
proposes buttonholes or similar apertures along the length of the sheet and
an elastic strap having a button at each end to fasten underneath the mattress to
keep the bed sheet tensioned.
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3. Background of the invention
movable table plate. The disadvantage of such tables is that they take up
a great deal of space during transportation. This means that they require
excess expenditure for packing material and incur increased
transportation costs.
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3. Background of the invention
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OBJECTS OF THE INVENTION
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4. Objects of the invention
EXAMPLE:
- Accordingly it is an object of the invention to provide a …………
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4. Objects of the invention
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SUMMARY OF THE INVENTION
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4. Summary of the invention
1. OPENING PARAGRAPH
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4. Summary of the invention
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4. Summary of the invention
2 CONTENTS
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4. Summary of the invention
Claim 1
1. A bed sheet tensioning device comprising a resilient strap with releasable
fasteners at each end thereof, each of the releasable fasteners being adapted to
fasten the strap to the cloth material of a bed sheet by gripping the cloth
material without any part of the fasteners being included on the cloth material.
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4. Summary of the invention
Only in case omnibus claims are added at the claims, then a supporting
statement should be provided
EXAMPLE
A bed sheet tensioning device substantially as herein described and
illustrated in the figures of the accompanying drawings.
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BRIEF DESCRIPTION OF
DRAWINGS
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5. Brief Description of Drawings
DON’TS
No reference numerals, specific parts or any other details
5. Brief Description of Drawings
FIGURE 1
FIGURE 2
5. Brief Description of Drawings
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6. Detailed Description of the invention
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6. Detailed Description of the invention
EXAMPLE
Referring now to FIG. 1 that shows a bed sheet tensioning device
according to the present invention comprising an elongated resilient strap
1 comprised of an elasticized cloth strap having loops 2 and 3 at each end
thereof. The loops 2 and 3 are formed by sewing at 4 and 5 respectively,
after an elongate slot 6 and 7 respectively has had the loop passed there
through. (More description of each part)
Referring now to FIG. 2 that shows the bed sheet tensioning device in
operation. It can be seen that a mattress 20 has a bed sheet 21 over it, and
at one corner the bed sheet tensioning device is fastened at one end to a
bed sheet portion 22 at one side underneath a mattress and to a bed sheet
portion 23 on the adjacent side around the corner of the mattress. (More
description of each part)
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6. Detailed Description of the invention
In claims
◦ The same rules apply except that ‘the’ refers to a part not been expressly
mentioned but is implied.
◦ ‘Said’ refers to a part already mentioned or introduced.
Ex: if claim has already recited a table top comprising a flat sheet and four
elongated legs,
write it as: ... said legs being attached to the underside of said table top.
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6. Detailed Description of the invention
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CLAIMS
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7. Claims
PURPOSE OF CLAIMS
Clearly define the boundaries and scope of the invention so that others
may know the exact boundaries of the area of protection in which they
should not trespass.
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7. Claims
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7. Claims
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7. Claims
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7. Claims
Open claims:
◦ Comprising
◦ Including
◦ Containing
Inclusion of steps or constituents not explicitly recited may amount to literal
infringement of the claim.
Covers more elements than it recites.
EX: Said machine comprising A, B and C
◦ A machine with A, B, C and D will infringe this claim.
Closed claims (rarely used):
◦ Consisting of
◦ Composed of
Means that the presence or addition of something other than that which is explicitly
recited in the claim will not amount to literal infringement. Limited to the elements it
specifically recites.
EX: Said machine consisting of A, B and C
◦ A machine with A, B, C and D will not infringe this claim.
7. Claims
◦ It is part open and part closed. It is mainly used in chemical and
metallurgical composition inventions and is a shorthand way of
saying "excluding additional unspecified ingredients which would
affect the basic and novel characteristics of the product defined in the
balance of the claim."
(c) about 0-10% by weight of a viscosifying agent selected from the group
consisting of cellulose ether thickeners containing an etherifying group
selected from hydroxyalkyl groups and groups derived therefrom, such
etherifying groups containing 5 or 6 carbon atoms;
Types of Claims:
On the basis of DRAFTING
• Independent claim
• Dependent claim
• Omnibus claim
On the basis of INVENTION
• Product claim
• Process or Method claim
• Apparatus claim
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7. Claims
Independent Claim
◦ This is the first claim which is also called the ‘Principal Claim’
should clearly define the essential novel features of the most
preferred embodiment of the process, apparatus, device or the
product
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7. Claims
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7. Claims
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7. Claims
Dependent Claim:
Claims that refer to previous claims using wording such as “... as claimed
in (or as defined by, or according to) claim 1 or claim 2...”
A claim which includes all the features of one or more other claims. A
reference is made to the other claim or claims and then additional
features are claimed.
If the dependent claim is a multiple dependent claim, all the limitations
contained in the particular claim in relation to which it is considered.
All dependent claims referring back to a single previous claim, and all
dependent claims referring back to several previous claims, shall be
grouped together to the extent and in the most practical way possible.
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7. Claims
Example #01
Example #02
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7. Claims
Omnibus Claim:
Last claim to get an integral protection of what is described in the specification
and drawings.
Claims set out the boundaries of what is being claimed as the invention, the
omnibus claim extends those boundaries to include the parts of the invention
mentioned in the specification and drawings but not expressly mentioned in
the claims.
The omnibus claim is usually used as a 'catch-all' or 'just to be safe' claim, in
order to ensure that nothing that has been mentioned in the description and
drawings has been left out of the claims.
Allowed only if the statement of invention is incorporated in the specification.
EXAMPL
A bed sheet tensioning device substantially as herein described and illustrated in
the figures of the accompanying drawings.
NOTE: These types of claims are rejected under 35 U.S.C. 112, second paragraph, because it is indefinite in
that it fails to point out what is included or excluded by the claim language.
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7. Claims Special types of claims
Jepson Claim
A Jepson claim is a claim to an improvement on a product that already
exists.
The Jepson format includes a recitation of the preexisting
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7. Claims Special types of claims
Markush Claim
Mainly used in chemical and biological inventions, a Markush claim or
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7. Claims Special types of claims
The process for the manufacture of dyes which comprise coupling with a halogen
substituted pyrazolone, a di-azotized unsulphonated material selected from the
group consisting of aniline, homologues of aniline and halogen substitution
products of aniline
The Markush claims were named after Eugene Markush, the first inventor to use
them successfully in a U.S. patent, in the 1920s.
7. Claims
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7. Claims Examples of Claims
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7. Claims Examples of Claims
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7. Claims
a) a claim for a product and claim for a process specially adapted for
manufacture of the product;
Unity between product and process claims requires that the process
inherently results in the product when the novel product is obtained by
the claimed process.
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7. ClaimsImportant points to remember about Claims
EXAMPLE:
If one has invented a new kind of spray bottle, the invention can be
claimed in the same application for :
i. The spray bottle itself (a product)
ii. Method of making the spray bottle (a process)
iii. Apparatus used for making said spray bottle.
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7. ClaimsImportant points to remember about Claims
However, the above criteria can not be generalized and there may be
occasions where all such claims may not be allowed in a single application
based on the circumstances of the case
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ABSTRACT
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8. Abstract
Purpose:
◦ The purpose is to enable third persons to quickly determine the
nature and gist of the technical disclosure while searching or studying.
◦ One should understand the technical field, to which the invention
belongs, technical problem and solution to the problem through the
invention and principal uses of the invention.
Separate sheet
Immediately after claims
Starts with the title
Directed to what is claimed, not necessarily the claims
A concise statement of technical disclosure
Single paragraph, 50 to 150 words
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8. Abstract
EXAMPLE
A device is useful for holding a bed sheet firmly in place on a mattress is
disclosed. The device is an elastic strap with a clip on each end. The clips
are arranged to grip the edge of a bed sheet on the underside a mattress.
By using this device at each corner of the bed sheet is held firmly in
place.
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DRAWINGS
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DRAWINGS
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DRAWINGS
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DRAWINGS
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Rule 9. Size, etc., of documents
(1) All documents and copies of documents:
- shall be written or typewritten or printed either in Hindi or in English language
in large and legible characters with deep indelible ink
lines widely spaced
one side only of strong white paper of a size A4 of approximately 29.7
centimetres by 21 centimetres
a margin of at least
- 4 cm on the top and left hand part
- 3cm on the bottom and right hand part thereof.
any signature which is not legible or which is written in a script other than Hindi
or English shall be accompanied by a transcription of the name either in Hindi or
in English in block letters:
Provided that any document including drawing, if any, may also be filed in
electronic form along with a copy of it on white paper:
Provided further that in case the application for patent discloses sequence listing
of nucleotides and/or amino acids, the same shall be filed in electronic form.
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Section 10. Contents of specifications
(4) Every complete specification shall—
(a) fully and particularly describe the invention and its operation or use and
the method by which it is to be performed;
(b) disclose the best method of performing the invention which is known to
the applicant an
(c) end with a claim or claims defining the scope of the invention for which
protection is claimed;
(d) be accompanied by an abstract to provide technical information on the
invention:
Provided that;
(i) the Controller may amend the abstract for providing better information
to third parties; and (ii) if the applicant mentions a biological material in
the specification which may not be described in such a way as to satisfy
clauses (a) and (b), and if such material is not available to the public, the
application shall be completed by depositing the material to an
international depository authority under the Budapest Treaty
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NUMBERING
Ordinary Application
1947/CHE/2010, 1947/KOL/2010, 1947/DEL/2010,
1947/MUM/2010
2056/MUMNP/2010
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Statements that are not claims
a) I claim that this device is better and cheaper and more effectual than
anything known.
b) I claim that my process or machine will do such and such things.
c) I claim the following advantages.
d) I claim an improved sewing machine.
e) I claim a mechanism for converting heat into electrical energy
without any loss of efficiency.
f) I claim a new method of making silk waterproof.
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CASE STUDY # 01
Title
A PROCESS OF PREPARING PLANT BASED AYARVEDIC FORMULATION FOR
TREATMENT OF PARKINSON’S DISEASE.
Technical field of invention:
This invention relates to a process of preparing plant based Ayurvedic
formulation for the treatment of Parkinson’s disease.
Background of the invention:
Currently, for the treatment of Parkinson’s disease, synthetic drugs are being
used. Though the synthetic formulations are effective in relieving the
symptoms of disease, there are very expensive and have inherent side
effects, such as gastro intestinal side effects like nausea, anorexia, cardiac
irregularities, orthostatic hypotension, weight gain, hot flushes numerous
dyskinesias & psychiatric symptoms such as agitations, hallucinations,
delusions, nightmares. At present there is no specific and proven Ayurvedic
medicine available for the treatment of Parkinson's, disease.
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CASE STUDY # 01
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CASE STUDY # 01
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CASE STUDY # 01
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CASE STUDY # 01
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CASE STUDY # 01
Claims:
What is claimed is:
1) A process of preparing/ plant based Ayurvedic formulation for the treatment
of Parkinson's disease comprising the following steps :
a) Selecting the active ingredient from mucuna pruriens bak (Atmaqupta)
plant.
b) Pulverizing the said active ingredient of mucuna pruriens bak into fine
powder.
c) Mixing antioxidant stabiliser with the said powder of step (b).
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CASE STUDY # 01
Claims (contd):
3) A process for preparing plant based Ayurvedic formulation for the treatment
of Parkinson’s disease as claimed in 1 to 2 wherein flavoured fragrance and
taste enhancer are also added in a known manner to make the formulation
delicious, flavorous and tasty.
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CASE STUDY # 01
Claims (contd):
5) A process of preparing plant base Ayurvedic formulation for the treatment of
Parkinson’s disease, as claimed in claim wherein mucuna 1 to 4 pruriens bak
active ingredient powder Antioxidant85% to 90%.
stabilier 0.1% to 0.5%
Flavourous fragnance 1% to 3%
Taste enhancer 2% to 5%
By weight of the total Ayurvedic Formulation.
6) A process of preparing plant based Ayurvedic formulation for the treatment of
Parkinson’s disease as claimed in claim 1 to 5 wherein the said antioxidant are
vitamin C, vitamin E.
7) A process of preparing plant based Ayurvedic formulation for the treatment of
Parkinson’s disease, as claimed in claim 1 to 6, wherein the said stabilizer are
gum polysacharine.
Dated this 17th day of Dec 2010.
(Name & Signature of applicant)
Or
Patent Agent (with regn no)
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Iteratively drafting and debugging claims
An even better version of claim for the hypothetical shovel would be:
(1) A shovel, comprising:
- a handle; and
- a blade connected to said first end of said handle.
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Iteratively drafting and debugging claims
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FORMS
Provisional
Form-1, 2, 26
Fee
Complete
Form-1, 2, 3, 5, 26
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Preamble
• Provisional Application
The following specification describes the invention
• Complete specification
The following specification particularly describes the nature of this
invention and the manner in which it is to be performed
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The Patents Act 1970
Complete Specification
(See Section 10; rule13).
The following specification particularly describes the nature of this invention and the
manner in which it is to be performed.
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Technical field of the invention
This invention relates to a drafting table of the type wherein a table plate is
borne by a stand having two vertical supporting columns, each including an
outer bar and an inner bar telescoped therein, and having an outrigger
associated with each of the columns for determining the base plane of the table.
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Summary of the invention
To achieve the foregoing and other objects of the present invention a drafting
table is provided in which each outrigger is pivotable about the inner bar of the
supporting column with which it is associated.
Brief description of drawings
A preferred embodiment of the invention will now be described in detail with
reference to the accompanying drawings, in which:
FIG. 1 is a perspective view of the drafting table set up for use,
FIG. 2 is a perspective view of the drafting table when folded, and
FIG. 3 is a vertical section taken on the line III--III of FIG. 1 through a
supporting column of the drafting table.
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Detailed description of invention
The drafting table illustrated in FIGS. 1 and 2 is made up essentially of two
outriggers 1, two supporting columns 2, and a table plate 7. Outriggers 1 each
comprise a horizontal leg 1a and a vertical leg 1b. Vertical supporting columns 2
are respectively rigidly secured to legs 1a of outriggers 1, e.g., by welding. Each
supporting column 2 comprises an outer telescoping bar 2a, a ball-bearing
bushing 2b with balls 8 (FIG. 3), and an inner telescoping bar 2c. Within each
column 2 is a gas pressure spring 9 which exerts vertical pressure upon inner
telescoping bar 2c.
If the drafting table is to serve as a desk, table plate 7 may be supported in a
horizontal position upon the top end faces of vertical legs 1b. If the stability of
the drawing table is to be still further increased, braces may also be disposed
between horizontal legs 1a of outriggers 1, for example.
In order to convert the drafting table from the position for use shown in FIG. 1
to the transportation or storage position shown in FIG. 2, it suffices to remove
bracing plate 13, pivot outer bars 2a together with horizontal legs 1a laterally
through about 90°, and fold table plate 7 into a vertical position. If the drafting
table is to take up even less space in shipping position, table plate 7 can be
taken off entirely.
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CLAIMS
What is claimed is:
1. An adjustable drafting table adapted to be stored in a collapsed, essentially
planar configuration, comprising:
- first and second, generally U-shaped table supports, each support
including a generally horizontally disposed base member and a pair of
spaced apart, upwardly protruding first and second support posts;
- transverse means rigidly interconnecting upper ends of the first posts
in relative, spaced apart positions;
- means securing a table plate to the supports for pivotal movement of
the plate relative to the supports about a horizontal axis between a first,
substantially vertical position and a second position that is inclined
from the vertical; and
- adjustment means disposed within the first posts, connecting the upper
ends of the first posts with corresponding lower ends of the first posts.
2. A drafting table according to claim 1 including spring means disposed within
the inner tubular members and biasing the transverse means away from the
base members.
3. A drafting table according to claim 2 including means for activating the
spring means to vary the distance between the transverse means and the
base members.
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ABSTRACT
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9 steps involved in patent drafting
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TEAPOT
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TEAPOT
1. What is the difference between the closest prior art and the
invention? (Novelty?)
2. What are the disadvantages/shortcomings of the prior art?
3. What technical problem was solved by the invention?
4. How does the invention solve that problem?
5. Due to what technical feature the problem underlying the invention
is solved?
6. What are the technical effects caused by the invention?
7. What are the advantages of the invention in the light of the prior
art?
8. What are the important and/or critical features of the invention?
9. Need for an efficient and time saving teapot…
TEAPOT
A well drafted application decides the fate of an invention
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Important Resources
Patent terms
http://www.freepatentsonline.com/helpcenter.html
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