Introduction coming out of that product, they think of

                              

Introduction

Intellectual
Property is typically the most resourceful subject for an organization. One can
easily understand trademark & copyright but mostly mistakes are done in
case of patents only. In fact, committing mistakes in drafting patents
application results in heavy loss of amount to industries. So one should always
avoid doing the most common mistakes while drafting patent applications.

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We often hear this
word as patent drafting, so what is it?

Writing
of claims and descriptions for any patent application, to describe about the
inventions clearly, is called patent drafting. A method of expressing an
inventor’s idea into tangible document that is expressed in the best possible
way to get patent on it.  Invention
should be clearly and exactly described so that it is being distinctly
identified and the inventor gets the patent on his work. But unfortunately,
inventor still encounter some common mistakes while drafting. 

Mistake 1: No prior
Art searches

A prior art search is
intended to let you know the probability of acquiring a patent on your idea.
When a patent application is submitted to patent office by the inventor, a
patent search is conducted by the examiner to find the possibility of patenting
your invention.

        Now this could be avoid if the inventor
himself conducts a prior art search by accessing free patent databases sites or
consulting a patent agent to find the patent art reference which are similar to
his invention. Based on prior art searches, it helps in deciding and further
modifying it his invention so as to get patent and distinctly defined.

 

Mistake 2:  Wrong Time! For filing patent application.

It
is crucial to know when to file patent application so that companies can take
utilize the IP assets properly. Many a times, it is observed that either the
patent application is filed early or too late. 
Also, people have a tendency to first see whether the product or its
services would be viable in the market. If they see some benefits coming out of
that product, they think of pursuing it for applying. 

To
avoid this, if the applicant or the inventor has made any disclosure before the
filing date of patent application, that will be turned as prior art and will
also loss some patents rights of foreign countries.  So, the inventor should file a patent
application first and then later putting it into public domain. This gives the
benefit that your invention has at least been filed. Now the inventor can
analyze the market value and demand of the product and further to go for
patenting that application in other countries. Now for filing in other
countries, PCT application has to be filed within 12 months from the first
patent filing date.

The
best time to file a patent application is usually after the invention has been
approved for commercial production and prior to any public disclosure of the
invention.

 

Mistake 3: Poorly
drafted Application

This
is the most common mistake . So one should not do hurry in drafting patent
application. This happens because of lack of knowledge

The
rush to file patent application with no knowledge of patent system, often makes
the inventor to land up with poorly drafted application which does not meet the
requirements of law.

To
avoid all this, each and every feature, functions or design of the invention
should be elaborated in detail in order to understand the technical part of the
invention, if any. It would be more better if the inventor may make use of
drawings to explain the working of invention. Also, the claims should define
clearly the limits and boundary of invention in patent application. The patent
application should be presented in such a way that a person skilled in the art
will be able to implement the invention by going through the description
provided, with reasonable experimentation.

 

Mistake 4: Not Taking
Advantage of “Provisional” Applications

It
happens that the inventor, at times have only the idea, but don’t know how to
implement it. Or there are chances that the invention is at its early stage and
not yet in finished form. In these two cases, the inventor most of the time
wait for the invention to get it complete so as to proceed further for patent
filing.

The
best solution could be provided is that the inventor need not to wait for the
invention to get it complete. The inventor may proceed with filing “provisional
application”.

A provisional patent
application is a preliminary step, before filing of a regular patent for
acquiring a kind of between time assurance. One can file an application for a
provisional patent without any formal patent claims.

Only
the basic details of the invention may be open up in the provisional one and no
requirement of submitting claims. A provisional patent application can quickly
help you to protect your invention and block your date !!

Provisional
applications are considered “provisional” because they are temporary.
Provisional specification describes the nature of the invention to have the
priority date of filing of the application in which the inventive idea has been
disclosed.

An
applicant who files a provisional patent application must file a corresponding
non-provisional application (complete specification) within 1 year (12 months)
of the provisional application filing date in order to benefit from the earlier
filing of the provisional application. If the complete specification is not
filed within a year, the provisional patent application is considered
abandoned.

 

Mistake 5: No Usage of
Non-Disclosure Agreements:

It
would be very disappointing to disclose the confidential documents because it
will make one to suffer heavy loss of work. No one wants to disclose his hard
work and may allow the other person to use it. It’s better to prevent your work
with an enforceable Non disclosure agreemet (NDA).

“A
non-disclosure agreement (NDA), also known as a confidentiality agreement (CA),
confidential disclosure agreement (CDA), proprietary information agreement
(PIA) or secrecy agreement (SA), is a legal contract between at least two
parties that outlines confidential material, knowledge, or information that the
parties wish to share with one another for certain purposes, but wish to
restrict access to or by third parties. It is a contract through which the
parties agree not to disclose information covered by the agreement.1”

So,
when an inventor discloses any of his/her invention to third party, it is
advisable to inventor to first get a sign on NDA by third party so as to be
assure that his/her work has not been revealed. If any violation occurs like,
the third party, being under an NDA, reveals the inventor’s work in public
domain, before any filing of application, the information revealed would be
count as prior art. However, some patent laws exist today which gives allows
the inventor to file an application after such violation, for a certain
duration of time. If the application is filed within the given time duration,
the disclosed information would not be considered as Prior art.

 

Conclusion

To
conclude, it is advisable that should have a proper knowledge of Patent Laws
and patent system while filing a patent application so as to avoid the above
mentioned mistakes which might brings heavy loss to an inventor or an
organization.  It would be good to engage
a patent attorney to understand clearly the concept and procedure of patent
application.

 

 

1 https://en.wikipedia.org/wiki/Non-disclosure_agreement