The Patent Specification
In the process for obtaining patent protection, the patent specification is undoubtedly the most important component. A well written specification provides a good foundation and flexibility. A badly written specification can scuttle any attempt to obtain effective patent protection.
The patent specification is the foundation of any patent. All patent claims must be based on the content of the specification. A badly written specification may make it possible to address objections raised during examination, or to manoeuvre around prior art which comes to light.
A well drafted specification will also take into account the further direction of the invention and where R&D might extend it to during the period of the patent process.
A well drafted specification also takes into account how competitors may wish to get around any patent for your invention. It will consider routes a competitor or infringer might take to circumvent the invention, and include ways to block them.
A well drafted specification will consider also whether an objective of a patent is to block advancement of competitors further into a particular area, or to create bottlenecks which you control.
A well drafted specification will also consider that the technology may have applicability in other fields and allow for potential sale and licensing of the technology to business working in those fields.
Amendment of a filed specification is possible only certain situations, and may force loss of obtainable rights for other aspects of an invention. It is a last resort rather than good practice.
When approaching another party with the intention of having them invest in, license, or acquire your invention, it is the patent specification which will be scrutinised by their attorneys. This is the most important document which is filed during the patent application process.
There is a lot to consider in drafting a patent specification, which is a very technical complex process. Not only must it be technically correct, it must also be legally and strategically correct.
Any patent applicant should ensure that the best possible specification, addressing all their present and future requirements, is filed. Self-filing is a false economy and experience shows serious problems inevitably result. If there is one area a cost-conscious patent application should invest their money, it is in the preparation of the patent specification.
In the process for obtaining patent protection, the patent specification is undoubtedly the most important component. A well written specification provides a good foundation and flexibility. A badly written specification can scuttle any attempt to obtain effective patent protection.
The patent specification is the foundation of any patent. All patent claims must be based on the content of the specification. A badly written specification may make it possible to address objections raised during examination, or to manoeuvre around prior art which comes to light.
A well drafted specification will also take into account the further direction of the invention and where R&D might extend it to during the period of the patent process.
A well drafted specification also takes into account how competitors may wish to get around any patent for your invention. It will consider routes a competitor or infringer might take to circumvent the invention, and include ways to block them.
A well drafted specification will consider also whether an objective of a patent is to block advancement of competitors further into a particular area, or to create bottlenecks which you control.
A well drafted specification will also consider that the technology may have applicability in other fields and allow for potential sale and licensing of the technology to business working in those fields.
Amendment of a filed specification is possible only certain situations, and may force loss of obtainable rights for other aspects of an invention. It is a last resort rather than good practice.
When approaching another party with the intention of having them invest in, license, or acquire your invention, it is the patent specification which will be scrutinised by their attorneys. This is the most important document which is filed during the patent application process.
There is a lot to consider in drafting a patent specification, which is a very technical complex process. Not only must it be technically correct, it must also be legally and strategically correct.
Any patent applicant should ensure that the best possible specification, addressing all their present and future requirements, is filed. Self-filing is a false economy and experience shows serious problems inevitably result. If there is one area a cost-conscious patent application should invest their money, it is in the preparation of the patent specification.
