Crucial factors to be borne in mind while drafting a Patent as a beginner [Mechanical]

Patent is the techno-legal document which grants the right holder exclusive intellectual property rights over specific inventions. It grants the inventor the exclusive right for a designated period of time, which is a non-extendable period of 20 years in India. To bring the best of monetary benefit from a patent, it is of utmost importance to mark the exclusivity of the invention – for which patent document needs to be aptly drafted.

Now the major challenge faced while applying for a Patent as a beginner is to figure out the right way to draft the patent application – which would not only ring out the best of the invention by navigating through the details, but also make it an easy go affair to get the patent granted. In this article we would take you through the crucial factors which should be borne into mind – before and while drafting the Patent – more specifically a Mechanical invention as a beginner. 

Checks to follow before initiating patent drafting

Patent is all about protecting an invention, involving research and technology which is novel, inventive and has got industrial applicability. Hence, the foremost important step before proceeding or processing the drafting of a patent application, it is the novelty and inventiveness check which needs to be done. This will ascertain the fact whether the subject-matter is likely to proceed and get a patent grant or not. Thus, in a gist, the checks required are:

  • Check for patentability criteria (novelty, inventiveness, industrial applicability) – this step might some extra effort in the beginning, but then, it can prove to be a great time (and money) saver later;
  •  If you are a foreign national filing a patent application in India, you need to grant Power of Attorney to an India resident to aid you in filing the patent;
  • Check for relevant forms and fees requirement – which will help you to plan out the government charges required;
  • Plan out whether the patent application would be filed only in India or even outside India – formal requirements change accordingly;

Segments of a patent specification and the details under each segment

Title: Title is nothing but a crisp heading of the invention which should broadly indicate the domain of the invention. Title of the invention should be not more that 15 words. 

Preamble: Preamble of the invention differs for Provisional and Complete specification and is an indicative of the fact as to whether the application is a description of invention or even the manner in which it is performed.

Preamble for Provisional Specification: ‘The following specification describes the invention

Preamble for Complete Specification: ‘The following specification particularly describes the invention and the manner in which it is to be performed

Field of invention: This is indicative of the subject matter to which the invention relates and also the preferable area of usage of the application. 

Background of the invention: If you had ever noticed, every story has a background which sets the plot and thereafter the entire story is based out of that plot. The background of invention in case of a patent specification is no exception – this portion highlights the present available technicalities (state of art) in the domain of the present invention for which the patent has to be drafted and thereby highlights the drawbacks of the state of art – thus indicating the problem statement. This problem statement is more like setting the plot on which the rest of the patent draft would be based upon. 

In case of a Complete Specification drafting, the background is followed by Objective of the present invention (which can be a separate sub-category as well).

Summary of the invention: According to unwritten rules of the Patenting system, the summary of patent specification should be verbatim of the independent claims of the patent specification. In case it is a provisional specification, summary is more of a gist of the inventive concept of the invention – which in future can even be amended in the complete specification stage to make it a verbatim of the independent claims of the patent specification.

Brief description of drawings: This section mentions the drawings of the invention with a very brief (on-liner) indication of which drawing is indicative of what.

Detailed description of drawings: This is the section under which a complete picture of the invention is depicted. The main object of this segment is to enable a person skilled in the art to reduce the invention into practice without further experimentation. Again, according to unwritten rules of the Patenting system, this segment should consist verbatim of all the claims – suitably placed – along with the other details of the invention. This is the segment which should detail out on the enablement of the invention, the technical advantages, comparative details (if any), industrial applicability. Overall, this is the segment which should capture all the details of the invention to bring out the essence of the invention.

List of reference numerals: This is the segment which indicates what the numerals indicate in the drawings as mentioned (this segment is only required when drawing are provided along with the invention).

Claims: Claims are those which set the boundaries of the invention. Every claim consists of three parts – Preamble, Transitional phrase, and Body. Since the claims define the scope of the invention, it should be carefully drafted to cover all aspects of an invention and also at the same time bring out the novel aspect of invention in the independent claims and the inventive aspect in the dependent claims. Again, according to unwritten rules of the Patenting system, in India, two-part claims are most preferred ones wherein the claim should consist of non-novel parts followed by ‘characterised’ or ‘wherein’ and then novel component of the invention. It should be further kept in mind that the claims should not be too narrow – neither too broad. In case its too narrow, anything in future falling outside it and getting a patent is likely to happen. While on the other hand, if the claim is too broad, it would attract multiple prior arts and thus creating challenges to get the patent granted.

Abstract: Abstract is basically a concise summary of the matter contained in the specification. It should be indicating clearly the technical field to which the invention belongs, technical problem to which the invention relates and the solution to the problem through the invention and principal use or uses of the invention. Abstracts should always indicate the reference (the most appropriate) figure that best describes the invention (in cases whereby the patent application comprises of drawings).

Things to keep in mind when drafting a patent specification

Some of the frequently missed things which should be borne into mind while drafting a patent application:

  • Go for a provisional specification drafting when the invention is yet to reach the end results, and complete specification if otherwise;
  •  Start with claims drafting in case of complete specification – that would help chalk out the boundaries of the invention;
  • Always use the correct preamble for the provisional/complete specification to avoid objections in future;
  • Patent office always prefers the preamble of the independent claim to be same as the title of the patent application;
  • Add multiple embodiments so as to cover as many variants of the invention as possible;
  • Abstract should always have the reference of the most appropriate drawing that best explains the invention;
  • The specification should indicate only one invention/a single inventive concept;
  • Reference numerals should be indicated in the detailed description, claims and abstract.


Is there a word or page limitation in Indian Patent Drafting?

In the Indian Patenting system, for an application which goes beyond a total page count of 30 pages, there is an additional fees requirement. 

Furter, for the abstract, it is preferable to keep the work count up-to 150 words and similarly, for the title of the invention, the word count should not go beyond 15 words. 

Is there any language or font style or page-layout or margin details to be followed while drafting?

According to Rule 9, The Patents Rules 2003, these are the following criteria:

Language: Hindi or English (unless otherwise directed or allowed by the Controller)

Font style: As such text font is not specifically mentioned, but the most commonly used fonts in a patent document are Times New Roman, Arial or Courier. Nevertheless, it is mentioned that the text should be in large and legible characters not less than 0.28 centimetre high with deep indelible ink with lines widely spaced not less than one and half spaced only upon one side of the paper.

Page layout and margin: The patent document should be on such paper which is flexible, strong, white, smooth, non-shiny, and durable of size A4 of approximately 29.7 centimetre by 21 centimetre with a margin of at least 4 centimetres on the top and left-hand part, and 3 centimetres on the bottom and right-hand part thereof. The pages should be numbered in consecutive Arabic numerals in the centre of the bottom of the sheet. Further, it should contain the numbering to every fifth line of each page of the description and each page of the claims at right half of the left margin. 

Are drawings mandatory?

Drawings aren’t a mandate, but preferred – specifically in mechanical or any relevant core domain patents. No descriptive matter shall appear on the drawings except in the flow diagrams. Drawings shall be on standard A4 size sheets with a clear margin of at least 4 cm on the top and left hand and 3 cm at the bottom and right hand of every sheet. Additionally, drawings shall be on a scale sufficiently large to show the inventions clearly and dimensions shall not be marked on the drawings.

Do you need to be a patent attorney to draft a patent?

A patent attorney isn’t a mandate when drafting or even filing a patent application and the same can be drafted and filed by the applicant of the patent as well. Only challenge lies in the fact that the applicant might not be aware of nitty gritty of the patent application, the legalities, forms, and fees involved. Hence, it is always advisable to seek the help of an expert – which is a patent attorney in the present case to process the patent application. 

Can I club multiple inventions in a single patent draft?

Unity of invention is one of the crucial factors of a patent application, thus, clubbing multiple inventions in a single patent draft isn’t allowed. A complete specification shall always relate to a single invention, or to a group of inventions linked so as to form a single inventive concept (Section 10(5), the Patents Act, 1970).

How can you file a patent application post drafting of the same and till grant?

Post drafting of a patent application, it is the relevant forms and fees requirement which comes into play to process the application for filing.

Author: Priyanka Chakraborty

Copyright © 2023 Intellect Vidhya Solutions Law LLP. All rights reserved.


Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp

Related Posts

Micro Copyright in India: Protecting Small-Scale Creative Works

In the digital age, the creation and sharing of content have reached unprecedented heights. With the proliferation of user-generated content, short-form media, and the increasing significance of individual contributions to larger works, the concept of “micro copyright” has emerged. Micro copyright refers to the protection of smaller, often more granular, creative expressions. In the context of Indian copyright law, this concept presents unique challenges and opportunities. This article explores the intricacies of micro copyright and the conundrums surrounding its protection in India. Understanding Micro Copyright Micro copyright encompasses the rights associated with smaller creative works such as social media posts, memes, short videos, gifs, and even individual elements within larger works, like specific phrases or designs. These forms of content, while often brief and seemingly inconsequential, can hold significant value and can be the subject of copyright protection. The Legal Framework of Copyright in India The Indian Copyright Act, 1957, primarily governs copyright protection in India. The Act provides protection to original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings. For a work to be protected, it must be original and expressed in a tangible form. Challenges in Protecting Micro Copyright 1. Originality and Fixation One of the fundamental requirements for copyright protection is that the work must be original and fixed in a tangible medium. This can be challenging for micro content, where the line between original creation and common expression is often blurred. Determining the originality of a tweet, meme, or short video clip can be subjective and contentious. 2. De Minimis Doctrine The de minimis doctrine, which means “about minimal things,” can pose a significant challenge for micro copyright. This doctrine suggests that the law does not concern itself with trivial matters. Small snippets of content might be considered too insignificant to warrant protection, leaving creators without legal recourse for unauthorized use. 3. Fair Use The concept of fair use allows for limited use of copyrighted material without requiring permission from the rights holders. In the context of micro copyright, determining what constitutes fair use can be particularly tricky. For instance, sharing a meme or a short clip might be considered fair use, but if it goes viral and gains commercial value, the original creator might seek protection and compensation. 4. Enforcement and Attribution Even if micro content is eligible for copyright protection, enforcing these rights can be challenging. Monitoring the vast expanse of the internet for unauthorized use of small-scale content is a daunting task. Additionally, the ease with which digital content can be shared and altered complicates the process of ensuring proper attribution and compensation. The Way Forward 1. Clearer Guidelines and Definitions To address the challenges of micro copyright, clearer guidelines and definitions are needed within the Indian Copyright Act. Defining what constitutes a protectable micro work and setting standards for originality can provide better clarity for creators and users alike. 2. Digital Rights Management (DRM) and Technology Leveraging technology, such as digital rights management (DRM) systems and content recognition algorithms, can help creators monitor and enforce their copyright more effectively. These technologies can automate the process of identifying unauthorized uses and facilitate easier enforcement. 3. Education and Awareness Increasing awareness among creators about their rights and the mechanisms available for protecting their content is crucial. Educational campaigns and resources can empower creators to navigate the complexities of copyright law and safeguard their micro creations. 4. Legal Reform and International Cooperation Given the global nature of digital content, international cooperation and harmonization of copyright laws can play a significant role in addressing the challenges of micro copyright. Legal reforms that consider the unique nature of digital content and micro works can provide a more robust framework for protection. Conclusion The rise of micro copyright in the digital era presents a unique conundrum under Indian copyright law. While the current legal framework provides a foundation for protecting creative works, the nuances of micro content require more specific attention and adaptation. By addressing the challenges of originality, fair use, enforcement, and attribution, and by leveraging technology and education, India can better protect the rights of creators in the evolving landscape of digital content.

Read More »
Importance of Trademarking your Restaurant Name - Intellect Vidhya

Importance of Trademarking your Restaurant Name

Have you ever walked into a restaurant, drawn by its catchy name or eye-catching logo, only to discover that it’s not the establishment you thought it was? In the bustling food and hospitality industry of India, this scenario is becoming increasingly common. As more and more eateries pop up, it’s crucial for restaurant owners to protect their brand’s identity through trademark registration. A trademark is like a unique fingerprint that sets your goods or services apart from the competition. It’s a legal stamp that says, “This is ours, and no one else can use it.” And in the world of restaurants, where first impressions can make or break your business, a strong trademark can be a game-changer. Why Trademarks Matter for Restaurateurs? Success Stories of Trademarked Restaurant Brands The Consequences of Neglecting Trademark Protection In the vibrant culinary landscape of India, trademarking your restaurant brand is more than just a formality – it’s a strategic move that can safeguard your business identity, maintain brand recognition, and provide legal recourse against infringement. By understanding the importance of trademarks and understanding the appropriate registration process under Indian trademark law, you can protect your valuable intellectual property and pave the way for a future as bright as a perfectly cooked dish, fresh out of the kitchen.

Read More »
The Significance Of Prior Use In The Trademark Law Vans V Ivans - Intellect Vidhya

The Significance of Prior Use in the Trademark Law: Vans v. Ivans

In the complex realm of intellectual property rights, few principles hold as much significance as the concept of “prior use” in Indian trademark law. The recent ruling by the Delhi High Court in the Vans v. Ivans case has brought attention to the fundamental concept of giving precedence to the first user of a trademark in the market. The Vans v. Ivans Case: The case centred on a disagreement between Vans Inc., a well-known American footwear and apparel company, and FCB Garment Tex, an Indian company that used the “IVANS” trademark. Vans Inc. filed a request to invalidate FCB Garment Tex’s trademark registration in India, claiming that their “VANS” mark had recently gained recognition as a well-known trademark in the country. Nevertheless, the Delhi High Court ruled in favour of FCB Garment Tex, citing the prior use principle. Important Factors in the Court’s Decision The court’s ruling was influenced by several crucial elements. Firstly, it emphasised that FCB Garment Tex had been using the “IVANS” mark in India for years before Vans Inc. entered the market, applying the “first in the market” principle. Furthermore, the court made it clear that simply declaring a trademark as well-known does not automatically give the owner the authority to cancel other marks that were used earlier in India. Finally, the court determined that FCB Garment’s utilisation of the marks was both sincere and simultaneous, granting them protection under Section 12 of the Trade Marks Act. Supporting the Principle of Prior Use This landmark ruling is a strong affirmation of the prior use principle in Indian trademark law. This principle emphasises that the initial user of a trademark in the market holds greater rights compared to later users, regardless of their registration status. This concept is deeply embedded in the Indian Trade Marks Act, 1999, and aims to safeguard businesses that have dedicated significant time and resources to establish their brand identity in the market. The Reasoning Behind Prior Use There are several reasons behind the prior use principle. It strives to recognise and safeguard businesses that have proactively built their brands in the marketplace. By prioritising the initial user, the law recognises the dedication and resources required to establish a strong brand presence and cultivate customer loyalty. This principle also helps to prevent unfair competition by ensuring that well-known brands are not replaced by new ones with similar marks, thus maintaining consumer trust and market stability. Territorial Nature of Trademark Rights In addition, the principle of prior use acknowledges the territorial nature of trademark rights. The Vans v. Ivans case clearly illustrates that having a worldwide reputation is not enough to establish legal rights in a particular jurisdiction. The principle highlights the significance of establishing a tangible market presence and utilising a trademark within India, rather than solely relying on international recognition or registration in other nations. Engaging with well-known Trademarks The prior use principle also has implications for other aspects of trademark law, including the recognition of well-known trademarks. The ruling by the Delhi High Court provides clarity on the advantages of having a well-known trademark status, while also acknowledging the rights of prior users in the market. This delicate equilibrium ensures the safeguarding of well-known local brands while acknowledging the prestige and recognition of globally renowned trademarks. Practical Considerations for Trademark Owners In practice, trademark owners are faced with a significant burden of maintaining proper documentation of their trademark use due to the prior use principle. This encompasses sales records, advertisements, and proof of customer recognition. Consistent and authentic use of the mark is essential, as any substantial gaps in usage can undermine a prior use claim. Conclusion Ultimately, the verdict of the Delhi High Court in the Vans v. Ivans case serves as a strong affirmation of the prior use principle within Indian trademark law. It emphasises the significance of having a strong market presence and building a reputable brand in order to establish and safeguard trademark rights in India. As the country continues to attract global brands while nurturing its own business ecosystem, this principle will undoubtedly have a significant impact on the development of trademark strategies and dispute resolutions.

Read More »
The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry - Intellect Vidhya

The Ethical and Legal Dilemma of AI Voice Cloning in the Music Industry

In recent years, artificial intelligence (AI) has made remarkable progress in various fields, including music production. Voice cloning in music has been a subject of intense debate, raising questions about copyright infringement, moral rights, and the preservation of artistic integrity. The recent criticism voiced by legendary Indian playback singer Kumar Sanu against AI voice duplication brings attention to the mounting concerns within the music industry. Power and Potential of AI Voice Cloning AI voice cloning technology has made significant progress in recreating the voices of singers with outstanding precision. This ability has resulted in the development of new songs that utilise the voices of artists who have passed away, as demonstrated in the recent example of “Pehle Hi Main.” This song was created using an AI-generated voice that mimics the late Mohammed Rafi, who sadly passed away in 1980. Although this technology presents fascinating opportunities for music production and preservation, it also brings up important ethical and legal concerns. Dealing with Copyright Infringement Copyright infringement is a significant legal concern when it comes to AI voice cloning. A singer’s voice is regarded as their valuable asset, safeguarded by copyright laws in numerous jurisdictions. When AI is employed to imitate a singer’s voice without authorization, it may potentially infringe upon copyright protections. This encompasses violations of reproduction rights, distribution rights, and the unauthorised creation of derivative works. Moral Rights and Personality Rights In addition to copyright concerns, AI voice cloning also brings up ethical and legal questions surrounding moral rights and personality rights. It is important for singers to safeguard their work from any alterations or manipulations that may negatively impact their reputation. Additionally, there is a potential for confusion and misrepresentation when AI-generated voices are not explicitly identified. Furthermore, in numerous legal systems, people possess the authority to regulate the commercial exploitation of their identity, appearance, or voice. Voice cloning might be perceived as a violation of these rights. Cloning the Voices of Deceased Artists Using AI to replicate the voices of deceased artists, such as Mohammed Rafi, brings about a whole new set of challenges. Although copyright protection usually lasts for many years after an artist’s passing, the ethical considerations surrounding the use of a deceased artist’s voice without their permission are quite substantial. There are concerns regarding the preservation of the legacy and artistic intentions of deceased musicians. Industry Response Kumar Sanu’s decision to pursue legal protection against AI voice cloning demonstrates a rising recognition of these concerns within the music industry. Other artists and industry professionals are also advocating for the establishment of regulatory frameworks to oversee the utilisation of AI in music production. There are several potential solutions being discussed to address the challenges posed by AI in music. These include establishing licencing protocols for the use of AI-cloned voices, requiring clear disclosure when AI voice cloning is used in a production, and developing specific laws to tackle these unique challenges. The Path Forward As AI technology advances, it is essential for the legal system to stay up to date. Collaboration between the music industry, legislators, and AI developers is crucial in establishing a framework that balances the protection of artists’ rights with the promotion of innovation. This could potentially include the need to revise copyright laws to specifically tackle AI-generated content, setting industry norms for the ethical application of AI in music production, and devising methods for artists to maintain control over and profit from the utilisation of their AI-replicated voices. Conclusion The emergence of AI voice cloning technology brings forth a range of possibilities and complexities for the music industry. Although it presents exciting opportunities for creativity, it also raises serious concerns regarding artists’ rights and the authenticity of their work. As evidenced by Kumar Sanu’s case, it is clear that there is a pressing requirement for the establishment of legal and ethical frameworks to regulate the utilisation of this technology. As we move forward with the more enhanced versions of AI, it’s crucial to find a harmony between technological advancement and safeguarding artists’ rights. It is crucial to establish thoughtful regulation and foster industry cooperation to ensure that AI positively impacts the creative ecosystem of the music industry.

Read More »