Patent Draft is a document in which detailed description of the invention is provided. The description of the patent is called ‘specification’ and is an essential part of the patent application. The drafting begins with the title sufficiently indicating the subject-matter of the invention, the full-description of the invention and the best method by which it is to be performed. It should end with claim or claims defining the scope of the invention for which protection is claimed, an abstract to provide technical information and a declaration as to inventorship of the invention.

An invention needs to be explained to enable the general public to use the invention on the expiry of the protected period. As it is the first document pertaining to your invention which goes out in the world, it is usually done in the preliminary stage of patent application.

A Provisional Specification is a rough draft of your invention. Provisional Specification is filed when an inventor is in the process of finalizing his invention. It is to be noted that Provisional Specification is not a full and final specific description. It contains a general description of the invention, its field of application and anticipated result. It need not contain the claims. Because it is a primary document and it is usually filed to fix the priority date.

A Non-Provisional Specification which is also termed as Complete Specification is a full description of the invention containing all the claims over which the applicant seeks monopoly right. The object of Complete/ Non-Provisional Specification is to define clearly and with precision the monopoly claimed so that others may know the exact boundaries of the monopoly right of the applicant. Non-Provisional application can be filed during two stages in the patent application. If a Provisional Specification is filed, Non-Provisional specification should follow within a stipulated time period. If inventor has not filled any Provisional Specification, the Complete/ Non-Provisional Specification can be filed anytime. But keep the fact in mind that if you don’t file a provisional specification, the day when you file this Complete/ Non-Provisional specification, will be your priority date.

Priority date is a term used to suggest a date in the patent application. It is a date when the inventor files any application containing claims with the respective Trademark and Patent Registry. Every country has their own patent laws apart from the general principles relating to IP but normally countries have ‘First-to-file’ system which means that the inventor who first files provisional specification with claims secures his invention against a similar claim for a patent being applied later by another inventor. This is important to know as this encourages early patent filing and if you have filed it earlier then it protects your invention from the rest of the world.

If you are filing a PCT application, you get 30 months duration from the priority date to file patent application in each country in which you wish to protect your invention. If you don’t file a PCT application you only have 12 months duration from the date of priority to file application in each country you wish to protect. Thus, filing an application through PCT can be a good strategy.

Yes, Specification can be amended at any stage of the filing proceedings but substantial change in the invention is not allowed. Any minor mistakes can be amended. Normally they are done either before the acceptance of the Application or before the grant of the patents. The amendments before the acceptance is where the Controller of the patent feels that the patent does not comply with the requirements of any acts and rules and may require to amend the same. Amendments before the grant of the patent is only done by the order of the respective courts.

Ordinarily, 12 months period is given to file a Complete/Non-Provisional specification after Provisional Specification is filed and if Complete/ Non-Provisional Specification is not filed within a specific time period, the application of the inventor is deemed to be abandoned. Respective trademark and patent registry may sometimes extend the time period beyond 12 months which can go up to 15 months.

Claims are the backbone of any patent application. Claims mark out the legal limits of the invention and anything not claimed in the claims it is considered as being disclaimed. The inventor cannot later claim that the features which he claimed to mentioned were part of the invention. Any act done by the other inventor which is not covered in your claim is not considered an infringement. There can be different types of claims but mainly they are Independent claims and dependent claims. When a claim can describe the invention without relying on any other claim, it is called independent claim and when the claim has to rely on previous claim is called dependent claim.

Usually drawings are the best way in which the invention can be explained. It is encouraged to submit drawings with the Provisional Specification as well, which is easy to get understood by the Registrar. The detailed description section must be closely tied to the drawings. The drawings merely confirms the description provided by the claims. It is not mandatory but it is highly recommended.

Once the patent drafting is finalized, the same application is f filed before the relevant Registry and the same Registry examines the application. It either grants the patent, rejects the same or requires an inventor to change the same according to Patent rules and Act requirements.