Patent Drafting

At Sagacious IP, we draft patent applications not just to meet the requirements of the patent office, but also make the draft future-proof by making tweaks to the ideas, to ensure the broadest possible coverage, so that it can’t be bypassed by a third-party entity. Our subject matter experts work in tandem with the patent drafter to ensure that the patent application covers all the possible variations and is correct from a technical perspective.

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FAQs

Patent drafting is a process of writing patent descriptions and claims, which are integral components of any patent application. It focuses on determining how to patent an idea. Once a patent is issued, the draft acts as the specification part of the document.

According to the WIPO, it is preferable to draft the claims before specifications because it allows the patent agent to determine which terms require a description in the specification. In the majority of patent applications, patent claims comprise the first step in writing the application.

A patent draftsman is a person who possesses knowledge about the technical terms as well as the patent drawing related requirements of a patent office. Essentially, a skilled draftsman knows about the specific requirements for filing patent drawings in various jurisdictions.

Typically, a patent application is a techno-legal document, and thus requires knowledge of technical aspects as well as legal aspects for drafting the patent application.  A patent application needs to have claims which covers the scope of protection, the description that describes all the technical aspects of the invention and describes how the invention will work, the drawings illustrating the features of the invention, and the background. It is generally advisable to draft the claims first as it helps in structuring the entire application around the novel and other essential aspects of the invention.

Although a person who has a good knowledge of the technical aspects and good writing skill can draft the patent application, it is always advisable to take a service of professional patent drafters who understand the legal nitty-gritty involved to avoid any unnecessary and avoidable rejections later on from the patent office.

The cost of drafting a patent varies based on the service provider as well as an applicant’s requirements.

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