MOST people will stop from making that all-important step of filing a patent application either because their idea is too “strange”, they think it costs too much, or simply because they don’t know how.
To those hesitant inventors, here is some good news for you.
No idea is too strange. Patents have been applied for chewable chopsticks,
transparent greeting cards and “spring boots” for speed walking.
A patent application costs a few hundred ringgit if you do the application yourself. As for the last worry, this column is here to teach you how to apply for a patent.
Any person may make an application for a patent either alone or jointly with another.
Applying for a patent is a fairly simple process. The most important item of a patent application which you will have to prepare is the patent specification. The patent specification explains the invention in detail and defines the scope of the protection.
A patent specification consists of the following:
1. Title
2. Description of the invention
3. Claim or claims
4. Drawings (if necessary)
5. Abstract
The title usually describes the invention in a very concise form. There is no need to indentify all the fields of invention. Sometimes titles are sufficiently vague to avoid giving information to competitors in countries where the title can picked up before publication (Malaysia is one of them).
The description teaches the invention to the public.
The description and the drawings (if there are any) describe the invention.
It is drafted in detail and related to one or two preferred examples of the invention.
The description will usually have a general part which starts with the closest relevant prior art, goes on by mentioning how the invention improves on the shortcomings of the prior art and finally the invention itself.
Drawings are used to illustrate specific embodiments of the invention.
The claims define the monopoly upon which the public cannot infringe.
They are drafted in broad scope and the subsequent claims progressively narrow down the scope of the main claim.
The abstract is a condensed version of the technological information already covered in the description.
Drafting a patent specification is a highly skilled art as the writer must not only know the subject matter well but he must also clearly define what protection is being sought.
The contents of a patent specification can be the deciding factor when a patent infringement case goes to court. It is possible to prepare and file a patent application and to prosecute it through to grant of patent without professional assistance.
However, obtaining a commercially-useful patent requires a high level of expertise and anyone who is not thoroughly experienced in patent matters is advised to employ a patent agent.
The Role of A Patent Agent
The role of the patent agent is to provide professional services to inventors in respect of:
• advice relating to an invention in the pre-application phase;
• service and advice during the application phase; and
• representation and advice in the post-grant phase
Once the decision to file an application is made the patent agent’s services and advice is particularly useful in drafting the description and claims. It is the function of the claims of the patent application to define the scope of the protection of the monopoly being sought. The patent agent’s skill and experience are important to drafting claims to ensure that they protect the inventor’s rights by covering the invention in the broadest possible way.At the same time the claims must not be so broad that they cover anything which is already known or which does not work.
Published in the New Straits Times, Malaysia in 1993 under the coloum Patents Pending
To those hesitant inventors, here is some good news for you.
No idea is too strange. Patents have been applied for chewable chopsticks,
transparent greeting cards and “spring boots” for speed walking.
A patent application costs a few hundred ringgit if you do the application yourself. As for the last worry, this column is here to teach you how to apply for a patent.
Any person may make an application for a patent either alone or jointly with another.
Applying for a patent is a fairly simple process. The most important item of a patent application which you will have to prepare is the patent specification. The patent specification explains the invention in detail and defines the scope of the protection.
A patent specification consists of the following:
1. Title
2. Description of the invention
3. Claim or claims
4. Drawings (if necessary)
5. Abstract
The title usually describes the invention in a very concise form. There is no need to indentify all the fields of invention. Sometimes titles are sufficiently vague to avoid giving information to competitors in countries where the title can picked up before publication (Malaysia is one of them).
The description teaches the invention to the public.
The description and the drawings (if there are any) describe the invention.
It is drafted in detail and related to one or two preferred examples of the invention.
The description will usually have a general part which starts with the closest relevant prior art, goes on by mentioning how the invention improves on the shortcomings of the prior art and finally the invention itself.
Drawings are used to illustrate specific embodiments of the invention.
The claims define the monopoly upon which the public cannot infringe.
They are drafted in broad scope and the subsequent claims progressively narrow down the scope of the main claim.
The abstract is a condensed version of the technological information already covered in the description.
Drafting a patent specification is a highly skilled art as the writer must not only know the subject matter well but he must also clearly define what protection is being sought.
The contents of a patent specification can be the deciding factor when a patent infringement case goes to court. It is possible to prepare and file a patent application and to prosecute it through to grant of patent without professional assistance.
However, obtaining a commercially-useful patent requires a high level of expertise and anyone who is not thoroughly experienced in patent matters is advised to employ a patent agent.
The Role of A Patent Agent
The role of the patent agent is to provide professional services to inventors in respect of:
• advice relating to an invention in the pre-application phase;
• service and advice during the application phase; and
• representation and advice in the post-grant phase
Once the decision to file an application is made the patent agent’s services and advice is particularly useful in drafting the description and claims. It is the function of the claims of the patent application to define the scope of the protection of the monopoly being sought. The patent agent’s skill and experience are important to drafting claims to ensure that they protect the inventor’s rights by covering the invention in the broadest possible way.At the same time the claims must not be so broad that they cover anything which is already known or which does not work.
Published in the New Straits Times, Malaysia in 1993 under the coloum Patents Pending
No comments:
Post a Comment