Patent Drafting Service at Singhwal is well known for our multi domain expertise in crafting the Patent Application. We at Singhwal have highly skilled Patent Drafters with multi domain expertise, with over 1000s of hours of experience in Patent Drafting. Our Patent Drafting experts have drafted more than 200 applications which have been filed at Indian Patent Office (IPO) , USPTO United States Patent and Trademark Office, and the various EPOs (European Patent Offices). The best person to draft a patent would be a person who has a blend of technical and legal knowledge.
The technical knowledge enables him to understand the invention along with the significance of seemingly minor aspects that provides an edge to the invention, while his legal knowledge enables him to bind the technology in a legal structure to formulize the patent application. Hence, drafting and vetting of a patent application is critically important for a compliant, strong and enforceable patent application.
Our well-experienced and innovative patent attorneys of international acclaim have been providing flawless and responsible patent drafting services for applying patents in various jurisdiction around the world. A patent application has to follow rules and regulation of each of the jurisdiction/ authorities the application is subject to.
Our expert’s technical knowledge and their vast experience in patent drafting help them to understand client’s invention quickly and recognize even the minor aspects of the invention. In many cases, the minor aspects of the invention provide cutting edge to the invention. Our experts have blend of legal and technical knowledge thereby to provide highly strong patent which is difficult to enforce by the competitor or difficult to design around the granted claims by the competitor.
Some of the individual inventor, start-ups, investor and corporate group think that spending money on drafting a patent application is expensive and is unnecessary and hence either they do draft the patent application on their own or hire a patent drafter who can draft the application for very low price but the quality of the drafting will be highly questionable. Unfortunately, this belief is not at all true. The reason is that if the patent application is not drafted well then it will lead to high prosecution cost as the prosecution involves more transaction and it is not an easy job to overcome the objections raised by the examiner using the less or no data present in the specification because of the poor drafting. Hence, this kind of lengthy prosecution is expensive and it can be avoided if the patent application is drafted well.
Additionally, the scope of the patent will be less and can be designed around or easily circumvented by the competitor in case the patent application, specifically the claims, is drafted not well. To avoid that, the inventor or corporate or whom so it ever should consult with the patent expert in order to draft the strong specification and claim. Our experts at Singhwal not only draft the specification well, in addition to that we understand the client’s business need and draft the patent specification in such a way to solve the purpose. Our experts foresee the nature of the prosecution/ objection from the examiner and accordingly strategize the patent drafting. In addition, our experts visualize the possibility of design around option by the competitor and hence accordingly draft the patent specification and claim. Our experts discuss with the inventor to understand the different aspects of the invention, which inventor usually feels of no importance, and describe those in the specification by mentioning in different embodiments. The different embodiments in the specification and the corresponding claims provide strong protection to all & important aspects of the invention and it won’t provide any scope to the competitor to circumvent the patent claim.
Provisional application is useful to secure the priority of the application and is filed as early as possible once the invention is conceived and it contains very minimal experiments which prove that the invention is conceived at the time of filing. Provisional application also contains minimal information of how the invention is being manufacture and the utility of the invention.Generally, the requirement of a complete application is that it should have a Title to the application, provides a field of technology the patent application belongs to, Background information which generally points towards the problem and existing arts which are trying to solve the problem, Summary of Invention which tells about the invention in brief, a section on brief introduction about the drawings accompanied with application to explain the invention, Detailed description of the invention explaining various embodiments of the inventions through accompanied drawings, a claim set which legally binds the invention, and an abstract about the invention.
It must be kept in mind that the patent drafting is the best possible way of presenting an invention for censorious examination and evaluation by the officials of the concerned patent office. It is a conception among many patent attorneys, inventors, investors, and a good number of corporate executives are that a good patent protection is very expensive.
Unfortunately, that approach is both useless and dangerous. Acceptance of the inevitability of high patent costs leads to sloppy patent drafting, mis-allocation of prosecution funds, and reduced funding for research and development. We at Singhwal have adopted a lean patenting strategy, in which we understands requirement of the business very closely and generally suggest a possible strategy which can push cost from initial protection to future prosecution.
This leads the applicants to engage us at initial stages itself, in spite of drafting the patent application by themselves or through inventors, which generally have huge cons than pros, and results in a weak patent which has easy work around. The pros of do it by yourself (DIY) type of patent application is that the priority date can be established earlier, however, if a patent attorney like us are used, we understand the importance of earlier priority, and effectuate the application filing almost as earlier as it has been done in DIY cases, however application reviewed, edited and filed through us would be meeting requirements of patent office’s better. So, the pros are generally lesser than cons in DIY cases.
A bigger con in DIY cases is, the applications are sloppily written and generally provides easy work around or bye-pass routes to the competitors taking all patenting efforts for a toss. Before beginning with patent application drafting, we request to inventors/applicant to provide with an Invention Disclosure, which should generally have answer to questions on which problem, current solutions to the problem, problem in current solutions, elements of invention, implementation of invention, advantages and embodiments of invention.
Receiving Invention Disclosure is just the first step for Patent drafting, however to begin drafting the Patent application, we further move to interview of the inventor to understand all nitty-gritties of the invention and try to identify minimum novelty in the invention, all possible alternative embodiments of the invention, so that we can possibly thing of all possible work around, which even the inventors would not have think during conception of the invention.
This is first laying stone of a strong application, post to which we start drafting the claim set to bring out a stronger independent claim and valuable dependent claims. We try our best to limit the dependent claims under free claims, however, if any of the dependent claims or independent claims may provide patentable value to the invention, than with due permission from applicant we introduce other minimum possible claim set to help applicant achieve value from the invention.
This should be kept in mind, that Claims are only the functional or instrumental aspects of a patent application, remaining aspects of the application generally play a supporting role to understand the claim set better. Hence, we spend a substantial time in drafting of the claim set. During the inventor discussion, sometimes inventor receives further ideas to improvise his invention or to move ahead with another invention.
This is an additional benefit which an inventor receives through us during a patent drafting exercise. Even though claims are the most important aspect of the application, still the description plays unique role in prosecution phases to strengthen the application, and claim set can be amended based on a strong and detailed description disclosure, hence we pay substantial attention to description drafting too.
While working on the claims we generally target the future infringers based on business perspective and methodology of the applicant, which helps the applicant the applicant during infringement claims in court of law, in licensing and monetizing exercises, during patent valuation and evaluations, during sale or purchase of patent, in merger and acquisition exercises. In furtherance, each jurisdiction has varying patent application and claim requirements.
Additionally, if a claim and the specification are not drafted well then scope of the patent will be narrowed and can be designed around or easily circumvented by the competitor. To avoid that, the inventor or corporate or whom so it ever should consult with the patent expert in order to draft the strong specification and claim. Our experts at Singhwal not only draft the specification well, in addition to that we understand the client’s business need and draft the patent specification in such a way to solve the purpose. Our experts foresee the nature of the prosecution/ objection from the examiner and accordingly strategize the patent drafting. In addition, our experts visualize the possibility of design around option by the competitor and hence accordingly draft the patent specification and claim. Our experts discuss with the inventor to understand the different aspects of the invention, which inventor usually feels of no importance, and describe those in the specification by mentioning in different embodiments. The different embodiments in the specification and the corresponding claims provide strong protection to all & important aspects of the invention and it won’t provide any scope to the competitor to circumvent the patent claim.
For example, the claim must be drafted by including only the inventive feature of the invention. The claim must not include other feature which is known in the prior art. In the below example, navigation is the invention and the memory device and processor are known in the prior art.
Wrong Practice: Claim 1: A mobile device comprising memory, processor and navigation.
Correct Practice: Claim 1: A mobile device comprising navigation.
As per the wrong practice, the competitor design around the claim by not including either memory or processor in the mobile device but having navigation so as to avoid the infringement.
A well drafted patent application provides better protection which invariably benefits the applicant in terms of keeping away the competitor to practice the invention. It also helps to license the patent or acquisition of patent technology by other. In addition, a well drafted patent application avoids multiple transactions during the prosecution thereby to avoid maximum expense incurred for prosecution.
We at Singhwal understands the client requirement of filing in various geographies and accordingly work out a patent application draft, which is for a priority jurisdiction, however with minimal modifications can be adapted for a target jurisdiction, thus bringing cost of multi-country filings. Not just that, during multi-country filings, one of the major cost involved is translations of application.
During the discussion, when we identifies client’s prerogative of countries which have non-English filings, we focus ourselves to limit the number of words to minimal, however still covering the invention in a best possible way. We, at Singhwal have expertise in the field of drafting a patent, especially scripting the claims according to the deep-understanding of the new rules of India, Europe, and US. Our experts work closely with the client in order to understand their business. At the time of filing it is difficult to predict the feasibility of any particular product’s market potential. Therefore, we draft the claim with broad scope rather focusing on one product.