November 03, 2012

Patent Drafting-Not Everyone's Cup of Tea

Patent Drafting Do's and Don'ts
Once there is novelty in an invention or innovation, protection will be required if it has commercial value.

It is mostly a time-consuming and costly affair if the government or institution does not lend a hand.

While in the past, this will drain an inventor's savings, today the government and institution, understanding the need to protect such R&D outputs for the national good, have started to contribute to its protection not only in the home country but abroad as well.

This year, I was indirectly and inadvertently roped into this business of patent drafting. Not the virgin drafting per se but in the editing of the English to ensure its precision and specificity of claims.

Patent drawing
Patenting could be seen as easy on the outset. However, not everybody can draft.

Two ingredients are required. The scientific knowledge behind the invention and innovation; and two-the command of English to ensure precision of drafting in an expressive manner to ensure no ambiguity of claims.

My experience has shown that though the drafters may have knowledge on the invention or innovation, they stumbled in drafting the patent with precision as they lack  good command of  written English. Poor vocabulary led to the choice of wrong words and poor structuring can cause ambiguity both in description and claims.

My difficulty is not in the English language but more so to appreciate the invention and innovation as the original inventors see it for most unskilled drafters may be describing it too loosely or may even be off the message that the patent intends to carry for the purpose of registration and protection.

No easy thing, this patenting business.

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