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PATENT DRAFTING |
What Is A Patent?
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A patent is a document that describes an invention in such full, clear, and concise terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention. It is a right granted to an inventor by the government for a period of time to exclude others from making, using, offering for sale, and selling an invention claimed in the patent.
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Categories of Patents
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Patents are categorized into three types, namely, utility patents, design patents, and plant patents.
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35 U.S.C.113 recites, “The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented. When the nature of such subject matter admits of illustration by a drawing and the applicant has not furnished such a drawing, the Director may require its submission within a time period of not less than two months from the sending of a notice thereof. Drawings submitted after the filing date of the application may not be used (i) to overcome any insufficiency of the specification due to lack of an enabling disclosure or otherwise inadequate disclo¬sure therein, or (ii) to supplement the original disclo¬sure thereof for the purpose of interpretation of the scope of any claim.” The drawings of a patent application should illustrate every element/ feature of the invention as specified in the claims. The patent application will be considered incomplete if drawings, where required, have not been submitted with the patent application. The drawings should also show by a reference numeral every component, structure or method step recited in the claims. You may also provide drawings for each of the embodiments or alternative variations of the invention described in the specification. You should have the drawings prepared by a competent draftsman who specializes in patent drawings. The standards for the drawings of the patent application as recited in 37 CFR § 1.84 are listed below, There are two acceptable categories for presenting drawings in utility patent applications: (a) Drawings. There are two acceptable categories for presenting drawings in utility patent applications: (1) Black and white drawings: Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings. (2) Color drawings: When color drawings are required to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration, the U.S. PTO will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary. The petition should include the following: If the language is not in the specification, a proposed amendment to insert the language must accompany the petition.
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