module continues the discussion on reading patent documents
1. Introduction
• Welcome back to the fourth module of Week 3 in
the course 'Roadmap for Patent Creation.'
• This module continues the discussion on reading
patent documents, building upon the previous
module. –
• An activity was given in the last session to
summarize the reference patent document.
• Keeping the activity sheet and patent document
accessible will be beneficial for this discussion.
2. Title of the Patent
• The title should clearly indicate the subject
matter of the invention.
• It should highlight a key feature of the
invention.
• The title should generally be concise, not
exceeding 15-16 words.
• Section 10(1) of the Patents Act and Rule 13(7)
provide guidelines for title requirements.
3. Applicant Information
• The patent document includes the name,
address, and nationality of the applicant.
• As patents are territorial rights, this
information holds legal significance.
4. Preamble to the Description
• A provisional specification starts with: 'The
following specification describes the
invention.'
• A complete specification starts with: 'The
following specification particularly describes
the invention and the manner in which it is to
be performed.'
5. Field of Invention
• This section outlines the scope of the
invention.
• It starts with phrases such as 'The invention
relates to...'
• The broad area of the technology is described
here without including excessive details.
6. Background of the Invention
• This section provides context and explains the
need for the invention.
• It typically follows three themes:
• Identifying existing problems in technology.
• Discussing prior solutions and their limitations.
• Explaining how the current invention addresses
these issues.
• In some patents, this section is labeled 'State of
the Art in the Field.'
7. Prior Art Considerations
• Prior art is generally described without
explicitly labeling it as 'prior art.'
• It is unnecessary to specify the closest prior
art explicitly.
• A careful approach in drafting is essential to
avoid potential limitations during prosecution.
8. Object of the Invention
• This section states the objective of the
invention.
• It is commonly written as:
• 'The principal object of the invention is...' -
'Another object of the invention is...'
• 'A further object of the invention is...'
• The object section is followed by the
summary.
9. Summary of the Invention
• This section highlights the novel aspects of the
invention.
• The invention is described concisely and
accurately.
• Various embodiments are outlined, emphasizing
the implementation.
• The summary is labeled as 'Summary' rather
than 'Summary of the Invention' to avoid claim-
related limitations.
10. Best Practices for Patent Drafting
• Avoid using the term 'prior art' explicitly in the
description.
• The background should highlight existing
problems without describing solutions.
• Ensure the summary provides a clear overview
without restricting the scope of the invention.
• The invention should be described in a manner
that allows flexibility in its interpretation.
11. Conclusion
• This module discussed the structural elements
of a patent document.
• The next module will focus on detailed
interpretation of each section.
• Reviewing patent documents and revisiting
previous modules is recommended.
