Drafting Patent Applications in Bangalore

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Trademark Registration process
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Time line of a patent
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Preparing the Application
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Invention Disclosure

• The beginning of a patent application
  drafting starts with an invention disclosure. The
  invention disclosure is a confidential document
  written by an inventor/s to the companys
  intellectual property department or to an
  external consulting firm to determine whether
  patent protection should be sought for the
  described invention.
• The invention disclosure includes a complete
  description of something novel and non-obvious
  given in such a manner that anyone of ordinary
  skill in the particular art could reproduce the
  invention. The invention disclosure represents
  the first official recording of the invention.
  Further, the invention disclosure if documented
  properly can establish an indisputable date and
  scope of the invention.

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Invention Disclosure

• It is good practice to disclose an invention as
  soon as it is an invention. Even if a patent
  application is never filed, a properly completed
  invention disclosure may be able to provide some
  protection against subsequent patent applications
  filed by other parties that could prohibit the
  first party from being able to practice something
  it invented.
• To avoid the potential undesired publication of
  an invention prior to filing a patent
  application, all invention disclosures should be
  submitted confidentially. Even within an
  organization, therefore, it is always important
  to verify confidentiality prior to disclosure and
  to execute a confidentiality agreement, if
  needed.

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Prior art Search
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Prior Art Search

• Once the invention disclosure is received from
  inventor/s, a search has to be conducted to
  analyze the patentability of the invention i.e.,
  for an invention to be patented, the criteria of
  novelty and non-obviousness have to be met. A
  prior art search is undertaken to ascertain
  whether an invention is new and non-obvious, or
  not.
• The prior art search will uncover any knowledge
  existing prior to the invention at hand. The
  prior art may be patent applications, scientific
  theses, industrial know-hows, blogs , etc.. Once
  the prior art search report is obtained, the
  inventor/s will get an accurate idea of how novel
  and non-obvious the invention is. Thus, the prior
  art search will help distinguish between what is
  already known (prior art) and what is new
  (invention).

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Patent drafting
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Patent Drafting

• Patent drafting is a process of documenting the
  invention. The inventor gets a thorough
  understanding of how novel is his invention after
  obtaining the prior art search report.
  Accordingly, the patent attorney/ agent drafts
  the invention to claim the novelty and such that
  it does not infringe other patents.
• -cont on next page

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Patent Drafting

• A patent application is an agreement between a
  patent owner and the government office that
  results in the issuance of a patent. Accordingly,
  a patent application is in many ways like a
  contract. Drafting a quality patent application
  is important because it sets out in a clear
  fashion the terms by which the patent owner and
  others will be bound. In this sense, drafting a
  patent application is different from writing a
  scientific paper. Drafting of patent application
  is much more intense and contains core technical
  subject matter.
• The issued patent will be reviewed over the years
  by public officials such as patent examiners,
  judges and business partners. Thus, the patent
  application has to be drafted carefully with
  these important audiences in mind. Further,
  careful drafting of the patent application is the
  key to monetize the patent. Therefore, the
  drafting of the patent should be focused on the
  objective of literal infringement.