The specification and abstract are essential in the procedure of patent filing, while drawings are required to be attached according to the necessity.
A patent specification works as a document of title defining the scope of patent right granted to an inventor. A patent specification also works as a technical document making open the invention’s technical details to the public. Thus, a patent specification must be written in such a manner as to fulfill both purposes.
Broadly speaking, patent drafting includes:
discussing inventions with inventors and ascertaining whether they are patentable;
studying and analysing scientific or technical documents, including previously published patent documents, to assess in what ways an invention is new and innovative;
writing detailed descriptions of inventions in precise legal terms (patent drafts), which form the basis for patents to be granted by the Indonesian IP Office and other IP offices in various parts of the world;
suggesting modifications or extensions to the definition of the invention.
A patent application shall be rejected when the patent examiner finds the existence of what’s called “prior art”. This is evidence that the invention already exist, so it is either not “novel” or it is “obvious”, two key requirements to qualifying for a patent. Therefore, we will conduct a prior art search before preparing a patent specification.
What to do before doing a patent drafting
Before starting the patent drafting process, it is essential to undertake several important steps to ensure a well-prepared and effective patent application. Here are some key considerations:
Conduct a prior art search: Thoroughly search existing patents, scientific literature, and other sources to identify prior art relevant to your invention. This will help you determine the novelty and inventive step of your invention, as well as identify any similar existing patents or publications.
Assess patentability: Based on the results of the prior art search, we will evaluate the patentability of your invention, whether it meets the patentability criteria such as the novelty, non-obviousness, and industrial applicability.
Define the scope of your invention: Clearly define the technical features, functionalities, and potential applications of your invention. Identify the unique aspects that differentiate it from existing technologies.
Prepare detailed invention disclosure: Document your invention thoroughly, including its technical details, drawings, diagrams, and any experimental results. Provide a clear and concise description that enables someone skilled in the relevant field to understand and replicate your invention.
Different countries have specific requirements and procedures for patent applications, so ensure compliance with the applicable laws.
Before filing, carefully review the draft patent application to ensure accuracy, clarity, and completeness. Revisions or additions may be necessary to enhance the quality of the application. Once you are satisfied with the final draft, we file the patent application with the relevant patent office, pay the required fees and follow the filing procedures.