This document provides an overview of basics for drafting patent specifications, including: 1) The main components of a specification include the title, preamble, technical field, background, objects, description of drawings, detailed description, claims, and abstract. 2) Key details for each component are outlined, such as what should be included in the title, technical field, background, objects, description of drawings, and claims. 3) Tips for drafting claims are also provided, including how to draft independent versus dependent claims and multiple dependent claims.

1. BASICS OF
SPECIFICATION DRAFTING
by
Somashekar
Partner
BananaIP Counsels LLP

2. Object of Patent Law
• The object of Patent Law is to encourage scientific research,
new technology and industrial progress. The price of the grant
of the monopoly is the disclosure of the invention at the
Patent Office, which after the expiry of the fixed period of the
monopoly, passes into the public domain. Biswanath Prasad
Radhey Shyam vs Hindustan Metal Industries on 13 December, 1978
SPECIFICATION

3. Form of Application
• Patent Application
– Form of Application
• Provisional Application (Provisional Specification +
Filing documents)
• Non Provisional/Complete Application (Complete
specification + Filing documents)
• Priority Date- filing date of the first application in a
chain of applications

4. In the Indian Patent Act
• Section 7(4)- Every such application….shall be accompanied
by a provisional or complete specification
• Section 10(1) Every application…shall describe the invention
and…begin with a title…
• Section 10 (4)- every complete specification shall
• Fully and particularly describe the invention
• Disclose the best method
• End with a claim
• Be accompanied by an abstract
• And so on….

5. Specification Contents
• Title
• Preamble
• Technical field
• Background
• Objects
• Brief description of the drawings
• Detailed description
• Claims
• Abstract
• Drawings

6. Example Invention
• Coffee dispensing machine in which a
crusher/grinder for grinding coffee beans is
included as a novel and inventive concept

7. Title
1. Should be provided in the first page of Form-2
2. Should indicate the subject matter
3. Should not be more than 15 words
4. Should be free from fancy expression or
ambiguity
5. Inventor’ s name, the word “patent”, words in
other languages and so on should not be used

8. Title
6. Should correspond to the broadest claim
7. Should embrace all variants of the invention
(apparatus and method)
Title for our Invention?
“Apparatus and method for dispensing coffee”
“Coffee dispensing Machine and method of
dispensing coffee”

9. Preamble
• Should be provided in the first page of Form-2
• Provisional Specification
– The following specification describes the invention
• Complete Specification
– The following specification particularly describes
the invention and the manner in which it is to be
performed

10. Technical Field
• Provided in page 2 of Form-2
• Should indicate general art to which the
invention belongs
• Areas of application may be mentioned
Technical field for our invention?
“The embodiments herein generally relate to
dispensing machines and more particularly to an
apparatus and method for dispensing coffee”

11. Background
• Distinguish the invention from what is already
existing in the field
• Should not describe the claimed Invention
• Should use drawings to explain any prior art
• If the latest art in the field (prior to the
invention at hand) is Applicants own work ,
then such work should not be described here
• Do not exaggerate the disadvantages of prior
art

12. Background
• Do not criticize the prior art
• Example
Mesh layer
Guard
panel
• Specification:
– Composite guard includes guard
panel and mesh layer attached by
continuous fusing or
heat/ultrasonic welding
– criticized attachment means in
prior art
• Background:“[t]he attachment
means used in other prior art gutter
guards is generally less effective, and
more costly, time consuming, and
labor intensive”

13. Background
• Claim:
– Continuous heat weld...connecting said mesh layer to said guard
panel
• Accused product: Mesh screen attached to guard panel by
adhesive/hot glue
• Held: No literal infringement and no infringement under DOE

14. Background
• Background for our invention?
“…At present, coffee beans are crushed/ground separately to
obtain coffee powder. Thereafter, the coffee powder is
packaged and brought to be fed into the coffee dispensing
machine. The aforementioned process is tedious and time
consuming and further, the baldes/crushing elements of a
typical crusher or a grinder are not appropriate enough to
crush the coffee beans to the desired size. Therefore, having
a crusher/ grinder integral to the coffee dispensing machine
is desirable…”

15. Background
“…In the existing coffee dispensing machine as shown
in Fig. _, powdered coffee is provided manually
through an inlet i of the machine…”

16. Objects
• Should set forth broad objectives
• Acts as a pointer while drafting detailed
description
Objects for our invention?
“An object of the embodiments of this invention is to provide an
apparatus for crushing coffee beans and dispensing coffee.”
“Another object of the embodiments of this invention is to provide a
method for crushing coffee beans and dispensing coffee.”

17. Brief Description of Drawings
• Should clearly indicate that the drawings are
showing embodiments of the invention and
not the invention itself
• Should start with “…The embodiments of the
invention is illustrated in the accompanying
drawings, throughout which like reference letters
indicate corresponding parts in the various figures.
The embodiments herein will be better understood
from the following description with reference to the
drawings, in which:…”

18. Brief Description of Drawings
Brief description of the drawings for our
invention?
“Fig 1 shows a coffee dispensing machine according
to an embodiment of the present invention; and
Fig. 2 is a flow chart showing the process of
dispensing coffee.”

19. Detailed Description
• Should start with the following, or similar paragraph:
The embodiments herein and the various features and advantageous
details thereof are explained more fully with reference to the non-
limiting embodiments that are illustrated in the accompanying drawings
and detailed in the following description. Descriptions of well-known
components and processing techniques are omitted so as to not
unnecessarily obscure the embodiments herein. The examples used
herein are intended merely to facilitate an understanding of ways in
which the embodiments herein may be practiced and to further enable
those of skill in the art to practice the embodiments herein. Accordingly,
the examples should not be construed as limiting the scope of the
embodiments herein.

20. Detailed Description
• Should provide sufficient details of the
invention
• The making and using of the invention should
be explained in depth so as to enable a person
having ordinary skill in the art to practice the
invention
• Details of the invention should be explained
with reference to drawings
• Should disclose best mode

21. Detailed Description
• The terminology should be consistent
• Should be well organized and easily
understandable
• Start with a general overview and proceed
with increasing levels of detail
• Should set forth several, if not all, alternative
working examples even if only one
embodiment is illustrated in the drawings

22. Detailed Description
• Detailed description for our invention?
“… the apparatus 100 as shown in Fig 1 includes a
housing 10. The housing 10 is provided with a
first hopper 12a and a second hopper 12b on a
top portion thereof. The housing 10 is adapted to
receive a first container 14a, a second container
14b and a collector 16 and a dispenser 18. The
dispenser 18 includes a plurality of outlets 18o.
……..”

23. Claims
• Should start in a different page
• Should start with Preamble I/We Claim
• Define the scope of protection
• Every claim has a date associated with it
• Every claim is an invention
• What is not claimed in the “claims” stands
disclaimed

24. Claims
• Parts of a claim
– Preamble
– Transitional phrase
– Body
Example Preamble Transitional Phrase
A system for……., said system comprising:
element A;
element B; and Body
element C.

25. Claim Format
• Independent claim
– Stand alone
– usually broad
Example
1. A system for….., said system comprising:
element A;
element B; and
element C.

26. Claim Format
• Dependent claim
– Dependent on independent claim or another
dependent claim
– Narrow scope
Example
1. The system as claimed in claim 1, wherein
element A comprises element D.

27. Claim format
• Multiple dependent claim
– Refers back to more than one claim in alternative
– Narrow scope
Example
3. The system as claimed in claim 1 or 2, wherein
element A further comprises element E.

28. Claim drafting-Practical Tips
• Draft a broadest independent claim with at
least one novel point and then proceed with
drafting dependent claims
• Do not include unnecessary limitation in the
independent claim
• Claim an apparatus in non-operational state
• Do not include multiple dependent claims

29. Claims
Example:
Provisional specification was filed disclosing elements A B and C
on March 2, 2015. Complete specification will be filed on
March 2, 2016 disclosing elements D and E along with
elements A,B and C.
1. Can the complete specification claim priority from provisional
specification?
2. What is the priority date of a claim claiming elements A B and
C?
3. What is the priority date of a claim claiming elements D and
E?
4. What is the priority date of a claim claiming elements A, B, C,
D and E?

30. Claims
• Example
1. A chair comprising a seat and a back rest.
Said chair further having four legs.
1.A chair comprising:
a seat;
a backrest; and
at least one leg.

31. Claims
• Example:
1. A fan comprising:
a rotating hub; and
three wings attached to said hub.
1.A fan comprising:
a hub configured to rotate; and
at least one wing attached to said hub.

32. Claims
Claims for our invention?

33. Abstract
• Should be in a separate sheet
• Start with the title of the invention
• Should not exceed 150 words
• Should indicate the figure which needs to be
published with it

34. Drawings
• Should be in a separate sheet
• Should be accurately referenced and
described
• Should show every feature of the invention

35. Drafting Approach
• Title
• Sequence of drawings
• First draft of Claims
• Technical field
• Background
• Object
• Brief description of drawings
• Detailed description
• Final claims
• Abstract

36. THANK YOU
For further information contact
rsshekar@bananaip.com
and/or visit
www.bananaip.com
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