Nothing Special   »   [go: up one dir, main page]

Basics of Patent Drafting

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 98

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.

 The presentation provides basic understanding of


various parts of a specification solely from the
examination point of view.

2
Introduction

“He who wants to get a patent, must have made a


breakthrough Invention... "

This prejudice is heard again and again


- but it is wrong.

3
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

4
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)

5
Various Stages of Patent filing
Signing NDA

Invention disclosure

Prior art search

Drafting and filing of a patent application

Prosecution of the patent application

Grant of the patent

Commercialization

Success? Failure?

6
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 ?

7
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)

8
Parts of a Patent Application

1. Title

2. Technical Field of the invention

3. Background of the invention


Prior Art and Problem to be solved

4. Objects of the invention


Various object to be achieved by the invention

4. Summary of the invention


Various aspects of the invention and the principles on which it is based

9
Parts of a Patent Application

5. Brief description of the Drawings

6. Detailed description of the invention


A few Industrial Applications- at the end

7. Claims
Extent of protection

8. Abstract
Within 150 words and shall commence with the title of the invention.

10
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

11
TECHNICAL FIELD OF THE
INVENTION

12
2. Technical Field of the invention

 Begins with a short general statement of the invention so as to show its


scope and the area of technology to which it belongs to.
 It should be defined in general terms and may also be described with
particularity by giving specific examples.
 Starts with sentences like ‘The present invention relates to …………………’

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.

13
BACKGROUND OF THE INVENTION

14
3. Background of the invention

 First, the introduction to the subject matter on which the invention is


based.
 Should further indicate the status of the technology in the field of
invention.
 Problems associated with the existing systems/technologies
 Experiments going on in the field.
 Patents and pending patent applications in the specific art (optional).
 Desperate need for a solution to the existing problems.
3. Background of the invention

Extract novel features and advantages of your


invention

Compare your invention with prior art

Find out disadvantages of prior art compared to


your invention

Highlight disadvantages of prior art

16
3. Background of the invention

EXAMPLE (Bed sheet tensioner)


 For many people the lack of smoothness in the lower sheet on a bed causes

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.

17
3. Background of the invention

EXAMPLE (Drafting Table)


 A drafting table or architect's table is a kind of multipurpose desk which

can be used for any kind of drawing, writing or impromptu sketching on a


large sheet of paper or for reading a large format book or other oversized
document or for drafting precise technical illustrations.
 The known drafting tables generally consist of a rigid stand and a

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.

18
3. Background of the invention

The final paragraph of the background section should be a punch line


that summarizes the need for the invention. Some examples:

 EXAMPLE (Bed sheet tensioner)


− Hence what is needed is a device that can fasten the bed sheet to
the mattress without any modification being made on the bed sheet as
such.

 EXAMPLE (Drafting table)

− Hence, what is needed is drafting table which, by simple manipulation,


can be folded together in such a way that it takes up a minimum of space
for packing and transportation.

19
OBJECTS OF THE INVENTION

20
4. Objects of the invention

 Clearly brings out the necessity of the invention


 Clearly describes the technical problems associated with the existing
technology and the solution for that
 Brings out the obvious differences between the claimed invention
and the prior art

EXAMPLE:
- Accordingly it is an object of the invention to provide a …………

- It is another object of the invention to provide ……………

- It is still another object of the invention is ……………..

- A further object of the invention is ………….

21
4. Objects of the invention

EXAMPLE (Bed sheet tensioner)

 Hence it is an object of the invention to provide a bed sheet tensioning


device that doesn’t require modifications in the bed sheet.

EXAMPLE (Drafting Table)

 It is an object of the invention to provide a drafting table which, by


simple manipulation, can be folded together in such a way that it takes
up a minimum of space for packing and transportation.

22
SUMMARY OF THE INVENTION

23
4. Summary of the invention

1. OPENING PARAGRAPH

 Should specify the solution to the problems described in the background


section.
 Whatever need was described in the last paragraph of the background is
described as being satisfied, at the beginning of the summary section.
 Achievement of objects
 Subject matter of broadest claim

24
4. Summary of the invention

EXAMPLE (Bed sheet tensioner)


 To achieve the foregoing and other objects of the present invention, a bed

sheet tensioning device having a resilient strap is provided that can be


fixed 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.

EXAMPLE (Drafting table)


 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.

25
4. Summary of the invention

2 CONTENTS

 List of preferred and optional features (various embodiments/aspects)

 Independent and dependant claims can be summarized.

 Identifies advantages and how the invention solves the problems


described in the background section.

26
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.

A suitable summary for this is:

In one embodiment of the invention, a bed sheet tensioning device is


provided that is comprised of 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.
or
According to one aspect of the invention, a bed sheet tensioning device…

27
4. Summary of the invention

Statement of the invention

 Summary of the invention and verbatim to the claim.

 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.

28
BRIEF DESCRIPTION OF
DRAWINGS

29
5. Brief Description of Drawings

 Provide just a brief overall description of drawings


 Provides a series of separate paragraphs, each briefly describing a
respective figure of your drawing –
For example:
FIG 1 is a prospective (or plan, side, exploded or rear) view of the invention in
accordance with one embodiment of the invention.
FIG 2 is a side view of the system in accordance with one embodiment of the
invention.

DON’TS
 No reference numerals, specific parts or any other details
5. Brief Description of Drawings

EXAMPLE (Bed sheet tensioner)


This invention is illustrated in the accompanying drawings, through out
which like reference letters indicate corresponding parts in the various
figures.

FIG. 1 shows a bed sheet tensioning device according one embodiment


of the invention.

FIG.2 shows the method of application of the bed sheet tensioning


device to a corner of a mattress.

FIGURE 1
FIGURE 2
5. Brief Description of Drawings

EXAMPLE (Drafting table)


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.
DETAILED DESCRIPTION OF THE
INVENTION

33
6. Detailed Description of the invention

 Should have enough detail so that an individual with an average understanding of


the field could use or reproduce the invention.
 Should disclose best method/example of working of the invention.
 Sufficient detail so as to give a complete information of the invention
 Reference to the drawings should be specific
 Overview of the main elements of the invention and how they cooperate together
 Hierarchical approach: Description proceeds from the more general to specific
parts.
 First broad description then each element is described in detail.
 Name for each part should be used consistently throughout the description as well as
claims.

34
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)

35
6. Detailed Description of the invention

Use of ‘A’, ‘The’, and ‘said’


 While introducing an element first time, use ‘a’
◦ Ex: The device has a handle 10 connected to an a liver 20
 While referring again to something already introduced, use ‘the’
◦ Ex: The handle 10 and the liver 20 are made of plastic

 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.

36
6. Detailed Description of the invention

ADVANTAGES and INDUSTRIAL APPLICATION


Keeping the needs mentioned in background as a guide, corresponding
advantages/industrial applications should be described with respect to the
structure of the invention.
Example (bedsheet tensioner)
By the use of four bed sheet tensioning devices of this type, the sheet may be
tensioned at four corners of the bed. The sheet as a whole will then be held
firmly in position, rumpling of the sheet will be prevented, and the bed will be
more comfortable.
Example(drafting table)
A significant advantage of the drafting table according to the present invention
is that the table plate can easily be adjusted in height and fixed in the desired
position by means of a simple manipulation. Furthermore, the drafting table
can be converted from its position of use into its transport position very
quickly and without any special tools being required for that purpose.

37
CLAIMS

38
7. Claims

PURPOSE OF CLAIMS

 To define novel and non-obvious features of the invention, to be


protected by the patent

 The only part of the invention that gets legal protection

 Determines the area of examiner’s search, the probability of a


restriction requirement (an objection that more than one invention has
been claimed)

 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.

39
7. Claims

 Single sentence, clear, non-redundant


 Starts from: I claim/We claim/What is claimed is:
 Starts from a new page
 Serially numbered
 Extra fee for claims in excess of 10
 Relate to a single invention, or to a group of inventions linked so as to
form a single inventive concept.
 If the words like “thin”, “strong”, “a major part”, “such as”, “when required”
or “any” are used, then it forces the reader to make a subjective judgment
and not an objective.

40
7. Claims

 Claims must be supported by the description (fairly based on the


description). This means that all the characteristics of the invention,
that form the part of the claims must be fully explained in the
description.
 Claims shall not, except where absolutely necessary, rely, in respect of
the technical features of the invention, on references to the
description or drawings.
In particular, they shall not rely on such references as:
"as described in part ... of the description," or "as illustrated in figure ... of
the drawings."

41
7. Claims

 A claim usually consists of three parts :


– Introductory phrase (preamble): identifies the category of the
invention and sometimes the purpose (For example, a machine for
waxing paper, a composition for fertilizing soil).
– Body of the claim: Specific legal description of the exact invention,
which is sought to be protected.
– Link: Joins the two segments, Introductory phrase and the body of
the claims.

The link consists of words and phrases such as :


– Comprises
– Including open
– Containing
– Consisting of close
– Consisting essentially of intermediate

42
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

 Intermediate scope claims:


Consisting essentially of:
Means that the claim covers not only the recited constituents but
also any additional ones so long as the latter do not significantly
interfere with the primary function of the constituents recited.

◦ 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."

◦ Thus, a claim to a combination consisting essentially of A + B would


cover a combination of A + B + C if C is not vitally important to the
combination and doesn’t effect the interrelationship between A and
B.
7. Claims
 What is claimed is:
1. A non-toxic, biodegradable and ambient temperature non-volatile liquid paint
stripping composition, wherein the active ingredient consists essentially of
the combination of:
(a) at least 30-90% by weight of a five membered ring lactam;

(b) at least 10-70% by weight of an oxygenated aliphatic solvent selected from


the group consisting of the methyl, ethyl, propyl, isopropyl, butyl, isobutyl,
pentyl, hexyl, heptyl and octyl esters of 3-ethoxypropionic acid;

(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;

(d) about 0-5% by weight of a nonionic, anionic, cationic or amphoteric surface


active agent; and

(e) about 0-1% by weight of a dye.


7. Claims

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

 On the basis of FIELD


• Jepson claim
• Markush claim

46
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

◦ Should be properly characterized with respect to the ‘prior art’,


defining all the technical features essential to the invention or
inventive concept.

◦ This should include the core integers as well as sufficient details of


interrelationship, operation or utility to establish that the
invention achieves the intended objectives.

47
7. Claims

Example (Bedsheet tensioner)


(1) A tensioning device for bedsheets or the like comprising an elongated
resilient member provided with releasable fastening means at opposing
ends, each releasable fastening means being adapted to releasably
fasten the elongated resilient member to the material of a bedsheet by
gripping the bedsheet material, characterised in that no part of the
releasable fastening means is included in or on the bedsheet.

48
7. Claims

Example (drafting table)


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.

49
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.

50
7. Claims

Example #01

2. The bed sheet tensioning device of claim 1 wherein the resilient


strap is made of rubber.

Example #02

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.

51
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.

52
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

components in the preamble and the improvements in the body of


the claim.
EXAMPLE
An instrument marker pen body including an ink reservoir and means
for receiving a writing tip, the improvement comprising a pen arm
holding means consisting of an integrally moulded hinged member
adapted to fold against a surface of the pen body and to be locked against
said surface by engageable locking means.
The elements recited in the preamble are claim limitations, and the patent
applicant admits that those elements exist in the prior art.

53
7. Claims Special types of claims

Markush Claim
 Mainly used in chemical and biological inventions, a Markush claim or

structure is a claim with multiple ‘functionally equivalent’ chemical


entities allowed in one or more parts of the compound.
 In claims that recite components of compositions, it is sometimes

important to claim, as alternatives, a group of constituents (Markush


Groups) that are considered equivalent for the purposes of the invention
 With chemical structures, it is often possible to use many substituents in

a given structure. One can have a few to hundreds of possible


formulations

 Example: A sugar selected from a group consisting of sucrose, fructose,


and lactose.
 Used when there is no generic term that conveniently describes the
desired claim element.

54
7. Claims Special types of claims

Markush Claim (contd)


 For example, when a new organic compound, that has a novel structure never
obtained before, is invented and can have many possible substituents that could
be used, one can effectively group these possible substituents in a Markush type
of claims. So one can claim the basic structure along with substituents like
halogens, alcohols, hydrocarbons, etc. However, such group of compounds are
allowable when supported by a single and definitive process.
EXAMPLE

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

What is claimed is:


1. A non-toxic, biodegradable and ambient temperature non-volatile liquid
paint stripping composition, wherein the active ingredient consists
essentially of the combinationof:
(a) at least 30-90% by weight of a five membered ring lactam;

(b) at least 10-70% by weight of an oxygenated aliphatic solvent selected


from the group consisting of the methyl, ethyl, propyl, isopropyl, butyl,
isobutyl, pentyl, hexyl, heptyl and octyl esters of 3-ethoxypropionic acid;

(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.
7. Claims Examples of Claims

Indian Specification No. 39285

Title – Wrapper for a package and method of preparing the same


What is claimed is :-
1. A wrapper for a package, having a tear-tape united to its outer surface,
the area of the wrapper to which the tear-type is united encircling the
package and being bounded along at least one edge by perforations.

2. The wrapper as claimed in Claim I in which a narrow area of the tear


tape, spaced from each edge of the tear-tape, is united to a narrow area of
the wrapper defined on each side by a line of perforations which are
covered by the outer portions of the tear-tape, the perforations
facilitating tearing of the wrapper to remove the portion bounded to the
tear-tape.

57
7. Claims Examples of Claims

Indian Patent Specification No.38069

Title – Improvements in or relating to gramophone records.


We claim :-
1. A gramophone record in which the surface of the record containing the
record grooves comprises 12 to 15 per cent of amorphous carbon,
thermoplastic material and a filler consisting of non-fibrous natural
mineral material;
2. The gramophone record according to Claim I, wherein the percentage of
filler employed in the record is from 1 to 70 per cent;
3. The gramophone record as in claim 2, wherein the percentage of
thermoplastic material is 20 to 60 per cent.

58
7. Claims Examples of Claims

Indian Patent Specification No. 34515

Title- “Improvements in or relating to tin Openers”.


We claim,
1. A tool for opening metal containers, the tool comprising a spindle spit
throughout its length, means for rotating the spindle, means on spindle
for guiding the tool during an opening operation, which means also
serves to facilitate the removal of the waste metal coiled around the
spindle, and further means on the spindle for preventing the distortion
of the spindle during and opening operation.
2. A tool according to Claim I, wherein the means for guiding the tool and
facilitating the removal of the waste metal and the means for preventing
the distortion of the spindle comprise

59
7. Claims

Important points to remember about Claims


A single inventive concept may be recognized between independent
claims of different categories as in the following examples:

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.

EX: “ A mould for casting an article, a method of making that mould, a


process of casting the article by using the said mould and the article”.

60
7. ClaimsImportant points to remember about Claims

b) a claim for a process and an apparatus or means specifically designed


for carrying out the process;

Unity between process and apparatus or means requires that the


apparatus or means have been specifically designed for carrying the
process, or at least a step of the process, but without excluding any
other possible use.

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.

61
7. ClaimsImportant points to remember about Claims

c) a claim for a product, claim for a process specially adapted for


manufacture of the product and claim for an apparatus or means
specifically designed for carrying out the process.

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

62
ABSTRACT

63
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

64
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.

65
DRAWINGS

66
DRAWINGS

 Drawing should be filed on a standard A4 size sheet in duplicate.


 Drawing should be preferably drawn in black Indian indelible ink or
durable paper with margin of 2.5 cm on each side, in upright position
with respect to top & bottom position of the sheet.
 At left-hand top corner of the sheet the name of the applicant should be
mentioned.
 Total number of sheets and consequential sheet number should be
mentioned at the right hand top corner of each sheet.

67
DRAWINGS

 At the right-hand bottom, the signature of the


applicant/agent should be given along with the name of
signatory there under.

68
DRAWINGS

 A reference letter/numerals as used in the description should also be


used in denoting the corresponding component/part in the figure (s).
 No descriptive matter should appear on drawings, except under certain
cases, such as, flow chart, chemical and other reaction, etc. The
same letters or numerals should be used in different figures for the
same parts. In complicated drawings or when there is no room to
write the reference letters in their proper places, the letters should be
shown outside the figures and connected by fine lines with the parts to
which they refer.

69
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.

70
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

71
NUMBERING

Ordinary Application
 1947/CHE/2010, 1947/KOL/2010, 1947/DEL/2010,

1947/MUM/2010

National Phase Application


 2056/CHENP/2010, 2056/KOLNP/2010, 2056/DELNP/2010

2056/MUMNP/2010

 Date and time of reception


 Fee receipt

72
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.

73
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.

74
CASE STUDY # 01

Summary of the invention


The main object of this invention is to provide a plant based Ayurvedic
formulation for the treatment of Parkinson’s disease and the like which is
cheaper in comparison to the existing drugs and therapeutically active and
clinically efficacious and at the same time drastically reducing the 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.

Another object of this invention is to provide a plant based Ayurvedic


formulation which can also be effectively used as geriatric tonic.

Another object of this invention is to provide a plant based Ayurvedic


formulation which is readily soluble in water, delicious and flavorous.

75
CASE STUDY # 01

Detailed description of the invention


According to this invention, it comprises selection of active ingredients of
mucuna pruriens plants which is preferably well ripened dry seeds of the
plant having at least three percent alkaloid.

The seeds thus selected are pulverized in a pulverized/mixer The powder


thus farmed is mixed with antioxidant such as Vitamin C Vitamin E.
Stabilizers such as gums polysaccharide and other known ingredients such
as flavorous and taste enhancer may also be mixed in a known manner to
made the formulation delicious and palatable.

76
CASE STUDY # 01

Detailed description of the invention (contd.)


The active ingredient powder is taken 8O% to 90% by weight of the total
formulation while the other constituents are 20% to, 1O% by weight of the
total formulation, more preferably.
Active ingredients : 85% to 90%.
Antioxidant : 0.1% to 0.5%
Stabiliser : 1% to 3%
Flavour and Fragnances : 2% to 5%
Taste enhancer : 1.5% to 7.5% of the total formulation.

77
CASE STUDY # 01

Detailed description of the invention (contd.)


Extensive clinical trials carried out to assess the clinical efficacy of the plant
based Ayurvedic formulation according to this invention, show that the
Ayurvedic formulation is as effective as synthetic drugs for the treatment of
Parkinson’s disease. Besides, it significantly lowers incidents of gastro
intestinal side effect like nausea, anoxexia. Cardiac irregularities,
arthostatic hypotension, weight gain, hot flushes numerous, dyskinesias &
psychiatric symptoms such as agitations, hallucinations delusions,
nightmares, and the like.

There are also significant improvement in the symptoms of Mentation


behaviour and mood leading to sense of well being.

78
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).

2) Process of preparing plant base Ayurvedic formulation for the treatment of


Parkinson's disease as claimed in Claim (1) wherein the said active ingredients
of mucuna pruriens bak plants are ripened seeds.

79
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.

4) A process of preparing plant based Ayurvedic formulation for the treatment of


Parkinson’s disease as claimed in claim 1 to 3 wherein the said powder of
mucuna pruriens bak active ingredient is at least 80% to 90% by weight of the
total Ayurvedic formulation and the other constituents are 2O% to 10% by
weight of the total formulation.

80
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)
81
Iteratively drafting and debugging claims

(1) A shovel, comprising:


- a handle; and
- a blade having a point thereon.

A better version of claim for our hypothetical shovel would be:


(1) A shovel, comprising:
- a handle; and
- a blade connected to said handle.

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.

82
Iteratively drafting and debugging claims

(1) A shovel, comprising:


- a handle having a first end and a second end; and
- a blade connected to said first end of said handle.

83
FORMS

Provisional
 Form-1, 2, 26

 Fee

Complete
 Form-1, 2, 3, 5, 26

 Fee (if provisional not filed)

84
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

85
86
The Patents Act 1970

Complete Specification
(See Section 10; rule13).

Title: Drafting table


Applicant’s name: ABC
Address: XYZ street, Bangalore.
Nationality: Indian

The following specification particularly describes the nature of this invention and the
manner in which it is to be performed.

87
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.

Background of the invention


The known drafting tables generally consist of a rigid stand and a 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.

Objects of the invention


It is an object of this invention to provide a drafting table which, by simple
manipulation, can be folded together in such a way that it takes up a minimum
of space for packing and transportation.
 
A further object of this invention is to provide a drafting table which also lends
itself for use in smaller workplaces where it can quickly be put into a space-
saving form and set aside when not in use.

88
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.

89
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.
 

90
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.

91
ABSTRACT

A drafting table which can be folded together by simple manipulation so as to


occupy very little space during packing, transportation, or storage. The table
comprises two outriggers, two supporting columns, and a table plate. The
supporting columns are each composed of two telescoped bars, and the
outriggers are respectively pivotable about the inner of these bars.

92
9 steps involved in patent drafting

1. Spotting the invention


2. Figure out each feature (new and promising) of the invention
3. Finding the right words to define each novel feature
4. Drawing one or more figures showing the invention
5. Arranging the figures of the drawing in a sequence
6. Deciding on the terminology to describe the invention
7. Drafting the detailed description (reference numerals). Describing in
detail, each feature (with words and drawings) in such a way that the
reader skilled in the field to which the invention belongs could copy
and make use of the invention
8. Writing the abstract using the reference numerals
9. Drafting the claims

93
TEAPOT

Spotting and Generalizing the Invention

What is the invention?

94
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

97
Important Resources
Patent terms
 http://www.freepatentsonline.com/helpcenter.html

Books:

 How to write patent application


◦ by Jeffrey G Sheldon
 Patent it yourself
◦ by David Pressman
 Patent pending in 24 hours
◦ by Richard Stim, David Pressman

You might also like