Law Blog


Patent Drafting: Key Points to Remember

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Successfully filing patent applications has never been easy. Even if you’ve gone through the patent prosecution process on more than one occasion before, it can still be surprisingly complex, long-winded and costly. After all, a patent application is a legal document that requires careful review and consideration. And while you may know whatever it is you’re looking to patent like the back of your hand, you need to discloseit in the patent application in a specific way  that can pose problems for inventors. In particular, you could easily fall into the trap of simply assuming others, such as your patent attorney, will understand it like you do. This is where problems begin for thousands of patent filings worldwide every day.

If looking to get the job done right the first time, there are a few key considerations to prioritise along the way.

Prepare a Concise Description of Your Invention

Before meeting with your attorney, consider preparing a brief but detailed description of your invention.Assume that your audiencehas no prior knowledge of your invention, or even your field. There’s really no such thing as going into too much detail when looking to successfully prepare a patent application. Irrespective of the time and effort required to get the job done, it pays to get it done right the first time because it is difficult to fix substantive mistakes in patent applications once they are filed.

Illustrate Your Invention with Sketches and Drawings

The more drawings or sketches you use to illustrate your design, the better. Detailed written descriptions alone don’t always present a clear and accurate picture of whatever it is you’re looking to patent. In addition, there may be elements of your design that are difficult or impossible to describe in words alone.

Carefully Review the Draft of Your Patent Application

Once your attorney prepares a draft patent application for your invention, review it carefully, looking for mistakes in both form and content. Always remember that once the patent has been filed, this information cannot be changed. This is where quality patent proofreading software can prove particularly useful to avoid costly mistakes in patent applications.