DRAFTING OF PATENT CLAIMS AND NONOBVIOUSNESS IN PATENT
ABOUT AUTHORS:
Mohit kumar*, Vishal Sachdeva,
Seth G. L. Bihani S. D. College of Technical Education,
Sri Ganganagar (RAJASTHAN) 335001, INDIA
*mohigarg30@gmail.com
ABSTRACT
A well drafted application decides the fate of an invention. Drafting plays a vital role in the success of an invention during its prosecution, management and maintenance during its tenure and turning it into cash. Drafting a patent application is one of the most important and at the same time one of the most difficult process. The applicant or his agent should so draft a patent application that it is granted with an adequate scope or ambit so as to fully serve the business purpose(s) for which the patent is meant to be used. It is here that the importance of drafting the claims in a patent must be fully appreciated, as the drafting of claims must always be done with a clear focus on the exact business needs that are sought to be served by it. That is, a business strategy perspective must inform the thinking of the one who takes up the task of drafting the patent claims. The ultimate purpose of every business strategy is to ensure that a business makes the desired amount of profit to justify the risks taken in making the investments of resources and time. Similarly, the purpose of drafting claims should be to fully serve the business strategy at hand. Even so, only a small number of well drafted patents are actually used by businesses to help them to make or safeguard their profits. (Swarbrick James, 2007).
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