• Lead IP

Patent Drafting Insider Tips - Intellectual Property Law

When the patent is issued, the draft serves as the specification part of the document. This article will discuss some tips to draft patent claims and common mistakes people commit during patent writing.





So let us get started!


Top Five Core Principles for Patent Claim


Patent writing is not as easy as some clients and companies consider. Often companies want to complete the patent drafting process by just providing an essay or a business plan that outlines the invention. Unfortunately, documents like these are of limited use. Here are the top five principles to draft a patent claim. These tips will surely help you write a perfect patent for your clients.


First of all, you have to understand the invention. You should know every detail about it and be aware of how it works from start to end. Moreover, you should also explore its pieces or parts and different versions of a specific invention for which you will draft a patent.


Secondly, write a brief preamble for an invention. A preamble is an introduction to your patent claim. For this purpose, you can directly start from your client's product's name and provide a brief detail about its working style. For instance, the invention is for a megaphone. So you can take a start from the word "A Megaphone", or you can tell what it can be used to enhance the volume of a person's voice.


Thirdly, you should be careful when you start to write the body of a patent. You should present a specific characterization of an invention. For example, your client or enterprise invented a bicycle. You have to explain its features in such a way that differentiates it from all other existing documents. The pro tip is to use the word "comprise" to elaborate on your company's or inventor's invention parts instead of utilizing the term "consist."


Fourthly, cover up detailed elements of invention physically and logically. All the sentences should be engaged and arranged for disclosing one uniform invention. Moreover, you should bring a specific set of claims for prosecuting your company's invention. Otherwise, an examiner will reject your patent for lacking linkage.


Finally, there are various types of claims. You have to select one out of them. Initially, file a claim for a product. Then write down the manufacturing procedure of that product. In the end, utilize this specific invention in your patent application.


Top 7 Most Common Errors while drafting a Patent


The rejection of most patent claims is that they have a lot of mistakes. Examiners do not accept these erroneous Patents, but some lawyers are unaware of these flaws. The top 7 negative aspects of a patent are explained below to give you an idea that you should not commit these mistakes while writing a professional patent.

  1. Always put your claim into one sentence. If your claim consists of more than one sentence, it will be objected to for providing a vague statement.

  2. Next, a common mistake is the misuse of conjunction, and. If you list features of your invention, use the word "and" before stating the final components.

  3. Again, most persons select the wrong transition words to build a connection between body and preamble. Characterized in that, or consisting of, comprising of, having, or being composed of are most common words for utilizing. We suggest you use "Characterized in that" for the division of paragraphs.

  4. Then, try to use one word to explain one concept. For example, if you use the word "car," do not attempt to change it with the automobile.

  5. Furthermore, make sure usage of "wherein" and "whereas" clauses. For describing a big picture of an invention and giving a broader look at it, these clauses help a lot for the approval of your patent.

  6. In addition, do not go into too much detail and not ever provide an insufficient elaboration of the invention. Instead, be concise in giving specifications of your product.

  7. Last but not least, your result should not be the opposite of your claim. Try to avoid this mistake and purpose the result according to your concept.

Bottom Line


In summary, we can say that you have to be super conscientious while drafting a patent claim for your client. In this article, we have discussed five top principles for writing a patent and also explained major mistakes to avoid during drafting.

Are you the in-house counsel or startup with a revolutionary invention and looking for a patent attorney? Are you on a tight budget but need to find quality representatives? Lead IP creates transparency within the market. Our RFx feature, for example, gives you the option to post global tenders so you can receive responses from law firms that you might have otherwise never found.

4 views0 comments

Recent Posts

See All