Patent drafting refers to the process that creates documents including a description and a set of claims regarding an invention. The documents together make up a patent application that is submitted to a governmental authority for approval.
Some inventors and organizations believe that patent drafting includes a business plan or essay that outlines the description of the invention. However, there is a specific format that must be used in the patent drafting, according to the authority’s requirements, for example a summary of the invention, an abstract of the disclosure, and background information regarding the invention.
Clear Writing Is Vital
Patent drafting requires concise wording to be successful. You must encapsulate everything about your idea in a short paragraph. You must remove the passive voice, express thoughts with precision, and state the information with clarity.
If the patent application draft is ambiguous or challenging to understand, then it will hurt your application in several ways.
- Unclear ideas are less likely to receive approval.
- Complex drafts require more editing work to remove errors or fix omissions.
In some cases, during the patent drafting process the applicant gives up about halfway through the work of checking the work of the patent application drafter. They skip to the signature page, thinking that the draft is good enough in its current state.
Then they get frustrated by the eventual denial that likely occurs.
A confusing patent application could be problematic if your IP ever goes through litigation as well. If there is inadequate precision in the final product, then it could open the door to losing the case and even revocation of the patent. A single word, either omitted or placed incorrectly, can be the difference between a valid claim or one with no value.
It is always best to work with an experienced agent who is familiar with the patent drafting process. Then review the work together to ensure that the finished draft meets your expectations.