The document provides guidance on drafting patent specifications. It discusses the various components of a specification including the title, preamble, technical field, background, objects, description of drawings, detailed description, claims, and abstract. It emphasizes that the title should indicate the subject matter and correspond to the broadest claim. The background should distinguish the invention from prior art without exaggerating disadvantages. The detailed description should provide sufficient details to enable practice of the invention. Claims should be drafted from broad to narrow in scope. The abstract should not exceed 150 words and indicate the published figure.

1. BASICS OF PATENTBASICS OF PATENT
SPECIFICATION DRAFTINGSPECIFICATION DRAFTING
By
Somashekar
Partner, BananaIP Counsels LLP

2. Object of Patent LawObject 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 ApplicationForm 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 ActIn 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 ContentsSpecification Contents
 Title
 Preamble
 Technical field
 Background
 Objects
 Brief description of the drawings
 Detailed description
 Claims
 Abstract
 Drawings

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

7. TitleTitle
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. TitleTitle
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. PreamblePreamble
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 FieldTechnical 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. BackgroundBackground
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. 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”
BackgroundBackground

13.  Claim:
◦ 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
BackgroundBackground

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

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

17. Brief Description of DrawingsBrief 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 DrawingsBrief 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 DescriptionDetailed 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 DescriptionDetailed 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 DescriptionDetailed 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 DescriptionDetailed 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. ClaimsClaims
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. ClaimsClaims
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 formatClaim format
Independent claim
◦ Stand alone
◦ usually broad
Example
1. A system for….., said system comprising:
element A;
element B; and
element C.

26. Claim formatClaim 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 formatClaim 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 TipsClaim 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. ClaimsClaims
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. ClaimsClaims
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. ClaimsClaims
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. ClaimsClaims
Claims for our invention?

33. AbstractAbstract
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. DrawingsDrawings
Should be in a separate sheet
Should be accurately referenced and
described
Should show every feature of the
invention

35. Drafting approachDrafting 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
Blog: www.bananaip.com/sinapse