According to World Intellectual Property Organization (WIPO), Patent is an
exclusive right granted for an invention which is a product or process. To get a
patent for an invention, drafting the patent application is very important.
However, drafting the patent application is quite difficult. Writing Patent
Application and claiming all the invention is an art. This article explains the
structure of Patent Drafting according to Indian Patent Act (IPA) 1970 along
with important tips of patent drafting.
Section 10 of Indian Patent Act 1970
Section 10 of IPA 1970 states 'Content of specification' for provisional
application and for complete specification. Section 10 states that every patent
application filed in India shall begin with a title which adequately explains
the invention and shall include drawings as of patent specification. Further,
the IPA 1970 states that, in any particular case, the Controller may ask the
Patent Applicant to provide a model or sample which will illustrate the
According to Section 10, Patent Application shall describe the invention, its
operation or use and the method by which it is to be performed. The Patent
Application discloses the best method of performing the invention for which
protection is claimed. Patent claims define the scope of the invention. Finally
at the end, application contains an Abstract to provide technical information on
Structure of the Patent Specification/Application
Content of Specification according to Section 10 of IPA 1970 as under:
- Field of Invention
- Background of Invention
- Statement of Objective of Invention
- Statement of Invention
- Brief Summary of Invention
- Brief Description of Drawings
- Detailed description of the Invention
Title of an invention is very important part of patent application and thus must
be framed by taking at most care. Title is the first impression of the main
content of the invention. According to WIPO guidelines: title of the invention
should be meaningful, title should clearly, concisely and specifically indicate
the subject to which the invention relates, title should evident the claim
categories (Process, product, apparatus etc.), title should avoid the use of the
word 'patent', personal names, fancy names, trade names, trademarks, or
abbreviations or term such as 'etc'. A title can be used for more than one
Field of Invention
Field of invention should describe scope of invention and subject matter of the
invention to which it is related. Advantages of the invention must be mentioned
in the field of invention which clearly relates the area of application. It
should be crisp and clear enough so that Patent Examiner will understand the
nature of the invention and its category. Field of invention shall include
evidences which will support the industrial applicability of the invention.
Background of Invention
Background of Invention is similar to literature survey. It mentions the state
of the art of the subject area which the invention is related. It contains
previous references or prior art related to the invention. This section should
focus on the problems remains to be solved or disadvantages of the prior art
solutions. Background should describe what others have done before and the
problems which are not solved by this prior art. The improvements needed in the
previous inventions can be discussed here. It is always better to include the
prior art which is closely related to the claimed inventions. This section
should describe the invention by clearly distinguishing it from the closest
Statement of Objective of the Invention
Object of Invention should clearly replicate the advantages of claimed
invention. It shall mention the problems associated with existing technology and
solution for that. It shall mention the differences between the claimed
invention and the prior art. Each advantage of the invention should be described
in separate sentence. This section gives the comparative analysis of the claimed
invention and the existing technology.
Statement of Invention
Statement of Invention describes exact features of invention. It should clearly
highlight the inventive features over the existing prior art. It should clearly
summarize the invention including all steps of process or essential features of
product or machine in case of process or product patent. Statement of invention
is useful to declare the inventiveness of the invention and relates it to the
independent claims which will define clearly exclusive right required in case of
Brief summary of Invention
Summary presents the general idea of the invention in summarized form. The
nature of invention and technology domain is included in the summary. It
described board overview of the invention and helps to understand the detailed
description of the invention and claim section of the patent specification. The
advantages of the invention are mentioned in summary. The problems existed
previously which are mentioned in background section and solutions to these
problems are highlighted in summary.
Brief description of Drawings
The invention is illustrated with the help of drawings. Figures with numerical
labeling are mentioned in patent drawings. Drawings help to understand the
claims of the invention. The brief description of drawings consists of
description of the invention which explains how to use the invention. The
drawings should be clear enough so that skilled person can understand the
Detailed description of Invention
Detail description of invention includes the details of an invention, how
invention is made and how it can be used. The details described here should
sufficient enough so that any skilled person in the same field can use this
invention. It can include examples or drawings which will help to describe the
invention. Reference to drawings should be specific. Each and every detail of
the invention should be mentioned here along with the best mode of performing
The most important element of patent application is the patent claims. Claims
are the heart of the patent application. Patentability of an invention mainly
depends on claims as it defines scope of the invention. Claims define the
invention and gives exclusive rights to exclude others from making use of the
invention. The major function of claims is to define clear scope of the
invention for which patent can be granted. The patent claims should be drafted
very carefully on a new page. Each claim should be written in a new sentence.
There are two basic types of claims; Independent Claims and Dependent Claims.
Dependent claims should be framed in reference to independent claims.
Abstract provides technical information of an invention. It should mention
technical field of invention with existing problems and the solutions to
overcome such problems. The purpose of an abstract is to assist in the official
classification of the application based on prior art and to provide a brief text
which will help third party to carry out searches. The abstract contain a
concise summary of the invention. The abstract should be briefly drafted within
Drawings will be helpful to illustrate the invention. Patent drawings can be the
best way to expand disclosure. Most of the inventions in the field of
engineering can be explained with the help of drawings. Multiple drawings with
its detail description can made a perfect patent application. Drawing should be
drawn on the drawing sheet, at the right and left top corners, name of an
applicant and total number of drawings should be mentioned. Also every drawing
sheet ends with a signature of an applicant or the agent at the right bottom
Sequence listing is required in case of biological inventions where nucleotide
or amino acid sequences are present. It is presented in a particular text format
so that patent office can extract information and help in searching prior art.
Imperative tips for Patent Drafting
Patent are granted only for new inventions and patent application has to
describe this completely new invention. Describing or presenting something new
that has not previously existed is very challenging task. Getting patent for any
new invention mostly depends on the innovativeness of the invention and draft of
patent application. Thus while drafting a patent application, one should be very
vigilant and should take at most care. Following are the imperative tips for
Field of Invention
- While framing the titles of the inventions, it should bear in mind that
title belongs to bibliographic data which mostly transferred onto a machine
readable data carrier. So, title preferably contains only characters and
signs which can be read and printed by computer.
- Title should be meaningful.
- Title should be framed normally within 15 words.
- Title should be centre aligned and in bold.
- Title should be concise, related to invention but should not the limit
the scope of the invention.
- Avoid use of the words like patent, inventor's name, etc
and fancy words.
Background of Invention
- Field of invention is the first part of patent application, so should
give formal introduction of the invention.
- This section should begin with general statement about the invention and
mention scope and technology of the invention.
- First statement can begin with 'The invention relates to…' and further
describe the technology area of the invention.
- Field on invention describe the technology area and thus classify the
- Preferably, details of the invention should not be included in this
- Should not have any language that can be interpreted to limit the scope
of the invention.
- Each subsequent paragraph in this section should be assigned a referral
numeral. This numeral can help in pointing out a specific portion.
Statement of Objective of the Invention
- Avoid use of term 'prior art' in complete specification.
- This section should not label anything as 'invention' while describing
previously published work.
- The state of art should focus on the problem that is solved by the
- The state of art does not limit the scope of invention to any particular
- The details of the problem should be discussed in this section; it
should be mentioned in Detailed Description.
- This section should be written in maximum in two paragraphs.
- The offensive or insulting words should not used to any prior art.
Statement of Invention
- Objective refers to what the invention aims to achieve.
- Objectives should emphasis on the invention and effectively stated.
- Advantages of the invention must be highlighted rather than the
disadvantages of the prior art.
- Avoid use of conflicting terms while drafting the objectives of the
- Avoid mentioning narrow objectives for the invention as they can limit
the scope of invention.
- Conclude the section by generalizing or broadening the scope of the
Brief description of Drawings
- It should focus on actual implementation and embodiments of an
- It should be written in plain English and not include any legal
- Statement of invention should focus at stating the exact invention, its
nature, operation and application
- It should be broad enough to include alternative personification and
implementation for more elements are possible for the invention.
- This section should be short enough stated within 2-3 paragraphs.
- Statement of Invention also commonly referred as Summary
Detailed description of invention
- Brief description of drawings should be mentioned clearly so that any
skilled person can understand it
- Brief and concise explanation of each figure should be written in this
- The terms whose interpretation may limit the scope of the invention
should be avoided.
- The invention should be described in detail so that any ordinary person
can understand the invention.
- This section should disclose the details of invention along with the
best mode to practice the invention.
- The nature of improvements/modifications done in prior art should be
mentioned clearly and described in detail in case of Patent of Addition
- This section should highlight the preferred embodiments of the
invention. Whether the invention is a product or process, the physical
structure or the method of conducting the invention should be described in
- Reference to drawings should be specific and clearly written in a
- This section should support all the features that need to be protected
in the patent application.
- Detailed description should not contain unnecessary terms or any absurd
language which will limit the scope of the invention.
- The format of detailed description depends on the field of invention,
type of invention and technology to which the invention relates. Thus
depending upon the invention category, this section should be framed.
- Claims should be stated clearly in a single sentence.
- As Patent rights are given to claims only, so they should be framed with
at most care.
- As per the patent law, 'what is not claimed in the claims will be
considered as disclaimed even if the matter is disclosed in the specification'.
Therefore, claims should cover all the elements of the invention.
- While framing the claims, appropriate legalese needs to be incorporated.
- Claims are related to single invention or group of inventions to form a
single inventive concept.
- The statement of claim should start with 'I claim or We claim'.
- As per the patent law, claim should consist of 'introductory phase',
'the body of the claim' and 'the linking words that joins these two parts'.
- The first claim has to be Independent Claim and subsequent claims would
be Dependent Claims. All these claims are linked to form a single inventive
- There is no restriction on number of claims. However, additional charges
are required if the number of claims are greater than 10.
- Each Claim should be written in separate page with Arabic number
starting with 1.
- Brief technical information about the invention should be included in
the abstract that are consistent with the broadest claim.
- It should be written within 150 words on a fresh page.
- This section should include technical problem and its solution along
with the usefulness of invention.
- Abstracts are primarily used for searching patents, so should be written
with at most care.
- Generally, abstract is the first part to be read in the patent
application, so it should comprise level of protection to be accorded to the
- Referring to claims or drawings should be avoided.
- Abstract should aim only at describing the main components of the
invention and how they work.
- Drawings should demonstrate a device, a system, an apparatus of the
invention or methods/procedures of carrying out an invention.
- Drawings should be made on A4 size sheet using black indelible ink on
thick and durable paper with margin of 2.5cm on each side.
- At the left-hand top corner of the sheet, the name of the applicant
should be mentioned.
- Total number of sheets and consequential sheet number should be
mentioned at the right-hand top corner.
- No descriptive matter should appear on drawings.
- Drawings shall be on scale sufficiently large to show the inventions
clearly and dimensions shall not be marked on the drawings.
- In the right-hand bottom corner, the signature of the applicant/agent
should be added.
According to the Patent Rules 2003, all documents and copies of the documents
except affidavits and drawings shall be typewritten or printed in Hindi or
English in large and readable characters not less than 0.28cm high with deep
permanent ink and one and half spacing only upon one side of the paper.
paper used for printing should be flexible, white, smooth, non-shiny and
durable. The pages in the application should be numbered in consecutive Arabic
numerals at the centre of the bottom of the sheet. It should contain numbering
to every fifth line of each page of the description and each page of the claims
at the right half of the left margin. According to the Sub-Rule 3 of Rule 9, the
sequencing listing of nucleotides or amino acid sequences shall be filed in
computer readable text format along with the application.
According to Section 8 of Indian Patent Act 1970, the applicant voluntarily
shall submit the details of the foreign application (if any) at the Indian
Patent Office and keep the Indian Patent Office informed time to time and update
the status of these applications.
According to the Indian Patent Act 1970, all the required documents should be
submitted along with the patent application within specified time.
Patent application (Complete Specification) is a legal document and it is the
face of an invention. It helps in understanding the invention and its
usefulness. Complete specification is a self-contained document of an invention.
It is applicant's attempt to get the rights for his invention. So, at most care
should be taken while drafting the patent application which will follow the
Sections and Rules of Indian Patent Act 1970.
To write Complete Specification for the applicant who has a clear problem with
its solution is easy. It is beneficial for the applicant if he has required
experimental data that supports the claims. However, otherwise Patent
Specifications are complex to draft.
As granting a patent includes commercial perspective and has business
opportunities in future, every inventor should focus on drafting a patent
application and consider it as an investment.