Today’s complex technology issues that confront many of our clients are being addressed in a number of jurisdictions around the world. Managing and protecting intellectual property has become increasingly complicated for global companies, which often have huge IP portfolios and operations in multiple jurisdictions with varied IP laws and levels of enforcement. Rapid technological advancements have enabled infringers to become more sophisticated, and the rise of intellectual property as a main driver of mergers and acquisitions has made developing strategies to protect these assets even more important. At GHB Intellect, we have the experience and the capabilities to support our clients in protecting their invaluable intellectual property cost-effectively.
GHB Intellect can also undertake efforts to ensure our clients spend their IP portfolio development funds efficiently. We perform strategic patent searches that help them determine the value our clients will receive from their IP filings. Whether it is searching for existing rights holders, helping to assess a competitor’s filing for registration, or monitoring for specific filings, GHB Intellect can guide and execute the most cos-effective services to achieve the desired goals.
Why is Patent Drafting Important?
High quality patent drafting services must focus on acquiring durable patents in the US that afford commercial advantage and withstand third-party challenges. A utility patent covers the useful features of an invention, such as a machine, process, or composition of matter. Utility patents include the rights to manufacture, sell, use, or import the invention.
Patent protection is available for a limited time, and periodic payments are required to keep a patent in force. In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior US or Patent Cooperation Treaty (PCT) applications from which the patent claims priority, regardless of the time it takes for the patent to issue.
So, the patent drafting services we offer our clients include our expertise in developing, drafting, filing and prosecuting patents in a variety of technical and scientific fields. This ranges anywhere from software and hardware, wired/wireless communications, security, multimedia, and semiconductors, to chemical and material sciences, biotechnology, medical devices, and more.
Patent Drafting Basics
If you are an inventor or are new to the intellectual property process, the patent application is probably a scary task to even begin to conquer. However, it all boils down to ensuring expertise in two areas: intellectual property law and the specific technology being evaluated.
Understanding the law is an important aspect, and one that we outline in our patent prosecution services. But, it is very important that the experts drafting a patent have deep industry and technology experience. Our experts have the ability to define a design or invention in the best way possible to maximize the likelihood of the patent being granted without any wasted steps or time. In most cases, there are several iterations of the drafting process and if the design is not clearly understood, the number of appeals can become quite wasteful.
A big factor in understanding how to reduce this time frame is how well the drafter knows the technology and similar known inventions. Our intellectual property experts all have decades of experience and most have previously obtained many of their own patents.
Patent Drafting Tips & Mistakes
It is certainly a noble task to attempt to draft a patent on your own with little experience. And, if you are going to make the attempt, make sure to avoid these common mistakes.
Become Familiar with Patent Applications
One of the most common mistakes we see is an inventor attempting to draft a patent without reading previous patent applications. In a field that requires notoriously high specificity, it is important to have seen the type of final product that you are trying to ascertain. Even specialists in the field, often having researched thousands of patents, must spend time researching and understanding related patents before drafting the new patent application.
The sections of the application can be ambiguous to a person that is not familiar with the verbiage and meaning behind specific questions. For example, the background of the invention section is not referencing the invention for which the patent is being drafted, but for previous, related technology. If there is no available time to research the previous patents, we would strongly recommend considering patent drafting services. Time will be saved in the long run.
Patent Drafting Examples
Another frequent mistake we see from unsuccessful patent applications is a lack of detail in the description of the invention. It is absolutely critical to ensure that US patent laws are met by providing specific descriptions about every aspect of the patent being drafted. Although it may seem counter-intuitive to share all of your hard-earned knowledge about the invention, if you do not provide a truly comprehensive description, then you will certainly not have success in the process.
It is important to understand that part of being granted a patent is the ability of the government to later grant access to the public to use it. This is a foundation block of intellectual property law that requires the public to fully understand how to use the technology after the IP has expired. So, the description must not only include the details of what separates the new technology from previously existing technology. It also needs to outline every piece of technology that is included in any way and how it is to be utilized.
WIPO provides a patent drafting manual with examples, tips and samples to complete patent drafting on your own. For many, this is a task too daunting to undertake. Please do not hesitate to reach out to us with your questions about our patent drafting services if you find yourself feeling this way.
GHB Intellect is a full-service intellectual property consulting and engineering services firm. With a growing cadre of hundreds of industry-seasoned experts & professionals, as well as access to full suites of design and testing equipment, we specialize in high-tech, science, and innovation.