PATENT CLAIM DRAFTING IN INDIA
Patent Claim Drafting in India is a technical skill.. Patent claims should be drafted in such a manner so as to explain the proposed patent while bringing out its new or novelty feature , inventive step and industrial application.
Patent should be drafted providing the background of the invention, specifications, the patent claims, any drawings and the abstract of the patent. A well drafted patent application as per the patent claim drafting practice, plays a pivotal role in its prosecution, grant, management and maintenance.
Guideline for patent claim and specification drafting have been provided in the Indian Patent Act.
Section 10 of the Indian Patents Act, specifies that:
(1) Every specification, whether provisional of complete, shall describe the invention and shall begin with a title sufficiently indicating the subject matter to which the invention relates.
(2) Subject to any rules that may be made in this behalf under this Act, drawings may, and shall, if the Controller so requires, be supplied for the purposes of any specification, whether complete or provisional; and any drawings so supplied shall, unless the Controller otherwise directs be deemed to form part of the specification, and references in this Act to a specification shall be construed accordingly.
(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
(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 and for which he is entitled to claim protection; and
- (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:
In other word patent claim drafting must be done in such a manner that the Patent specifications and claims fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
- Disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection;
- End with claim or claims defining the scope of invention for which protection is claimed; and
- Be accompanied by an abstract to provide technical information on the invention.
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