How to write a patent - Guidelines on Patent Drafting [Mechanical]

Introduction

A patent draft is a technical document presented in a legal format that has
two primary functions: (a) establish novelty and (b) establish inventive step or non-obviousness of an invention.

We should always keep in mind that the purpose of a patent draft or specification is to highlight the existing problem in the current state of the art or technology and provide a solution, which is new and not obvious to a person skilled in the art.

It is paramount to communicate the invention in a written format and to comply to the statuary requirements for smooth and faster prosecution. The decision of grant is based on the written specification as most of the times an examiner would not ask for a model or prototype or the product. The patent draft should be drafted in a manner to fully or particularly describe an invention, as a result allowing a person skilled in the art to perform the invention without any undue diligence.

Parts of a Patent Specification

Title of the invention;
Field of the invention;
Background of the invention;
Object of the invention;
Summary of the invention;
Brief description of the drawing;
Detailed description of the invention;
Claim(s); and
Abstract.

STEPS OF PATENT DRAFTING

Step 1: Determine Novelty

The novelty of an invention is determined prior art search on databases including:

Patent lens
Google patent
USPTO search database
IPO search database
Pubmed, etc.

Step 2: Determine Inventiveness or non-obviousness

The inventiveness of a mechanical invention can be determined by setting up problem-solution statement and comparing it with the existing art, and creating a claim strategy.

Illustration: For example, suppose an invention disclosure elucidates a technology for selective bed cooling, with individually venting sides, whereby each side of the bed has a selective different temperature.
Set up a Problem Statement: In temperature controlled beds,two people utilising the same bed are subjected to the same temperature.
Set Up a Solution Statement: a ventilating system for a bed whereby each side of the bed can have a different temperature.
Compare and Contrast with the existing technology: a ventilating system having individually venting sides of bed whereby each side of the bed can have a selective different temperature.

Step 3: Drafting Patent Specification

The drafting should highlight novelty and inventiveness in each section.

Formulate Claim Strategy: Before drafting, a claim strategy should be formulated which includes combining the Novelty and Inventiveness, “venting of conditioned air in a particular section of bed with flexible partition of bed longitudinally.”

1.TITLE OF THE INVENTION

The title should sufficiently indicate of the subject matter and disclose the specific features of the invention (word limit – fifteen).

Probable Titles referring the above illustration

“A bed for selectively venting of ambient air”

“Bed Ventilator Unit”

Comment: The title should be free of fancy expression, such as unique, novel, better, great, best, etc.

2. FIELD OF THE INVENTION

IBriefly indicates subject matter to which the invention relates, advantages, areas of application and preferable use.

Format:

“This invention relates to …………………”, and use of invention

“This invention relates to a cooling bed”

The present invention relates generally to bedding and, more specifically, to a ventilating system for a bed for selectively venting either ambient air or heated air into the bed linen of a bed approximate the foot of the bed through a pair of vents clipped to the mattress in spaced apart fashion.

Comment: please note that vernacular should be used selectively; as the field of invention restricts the scope of use. Hence, if only a cooling bed is claimed as a use then other uses are automatically disclaimed.

3. BACKGROUND OF THE INVENTION
The background should clearly indicates (a) the problem to be solved, and (b) state of the art technology (Prior Art). The indication must highlight development in the field, patents, scientific literature etc. For more details please read: https://videaimip.com/blog/what-is-prior-art

(a) Problem to be solved:

Illustration: Many individuals enjoy sharing bed with their spouse but find it hard to agree on temperature of a cooling bed for an optimal sleep. It has been clearly established that due to different metabolic and hormonal activity most husbands and wives need different amounts of cooling to lower their body temperature.

Additionally, individuals without access to air-conditioning during hot summer nights may find it difficult to fall asleep due to their raised body temperature. These individuals may have access to ceiling or window fans, but often the simple movement of air is not enough to lower body temperatures to a comfortable state. Also, many individuals suffer from night sweats and hot flashes in which additional cool air is needed to alleviate the sharp spike in body temperature. Therefore, a need exists for a bed which allows each user to readily control the cooling level and area.

(b) The state of the art technology:

Above all the state of the art technology includes closest citations or Prior Art for both Patented and Non Patented Citations.

Patent Citations:
There is no limit to the number of citations but at least three most relevant or closest citations should be elucidated. Provide patent or application number DE 100 12617, the brief description and limitation or difference from the present technology, or the main objects of the inventions may be enlisted..

Non Patented Citations: Includes anything from product description from a website or a paper from a scientific journal.

4. OBJECT(S) OF THE INVENTION – The object of the invention should clearly bring out the:

necessity of the invention;
clearly mention the technical problems associated with the existing technology and the solution for that, bringing out the differences between the claimed invention and the prior art; and
the solution sought by the invention should be clearly brought out as object(s) of inventions.

Format:

1^st Object: The principal/primary/ main object of this invention is……………,

2^nd Object―Another object of this invention is ……………..,

3^rd and subsequent Objects ―A further object of this invention is/ yet another object of the invention is …………. etc.r

Illustration:
A primary object of the present invention is to provide a means for individually venting both sides of bed. (Technical problems associated)

Another object of the present invention is to provide a ventilating system for a bed whereby each side of the bed can have a different temperature. (Necessity of the invention)

Yet another object of the present invention is to provide a ventilating system comprising a ventilator unit having a pair of conduits terminating in a pair of vents attachable to a bed. (Differences between the claimed invention and the prior art)

Still yet another object of the present invention is to provide a ventilating system wherein said vents incorporate clips whereby the vents can be clipped onto a mattress.

5. SUMMARY OF THE INVENTION

The summary of invention briefly describes the embodiments of the invention before giving the details of the invention, in the next section and the method of performing it. The statement should clearly set forth the distinguishing novel features and uniqueness of the invention for which protection is desired. This part is intended to declare different aspects of the invention.

Illustration: The present invention overcomes the shortcomings of the prior art by providing a ventilating system for a bed for selectively venting either ambient air or heated air into the bed linen of a bed approximate the foot of the bed through a pair of vents clipped to the mattress in spaced apart fashion with a pliable partition longitudinally extending the length of the top and bottom sheet and fastened there between creating a pair of side by side chambers with each having its own vent in conduit communication with the ventilator unit incorporating a heater and a fan working independently of each other so that one can select either ambient air or heated air and the volume of desired air through settings Such as low, medium or high volume. The temperature of the heated air is also selectable through settings Such as low medium or high. Also provided is a top sheet with the pliable barrier attached only to the top sheet providing for unencumbered movement by the users between the chambers as desired with the barrier member still serving to segregate the bed into opposing chambers.

6. BRIEF DESCRIPTION OF THE DRAWING

As mentioned earlier that usually an examiner would not ask for a model or prototype or a product, hence to communicate the product it should be augmented with as many drawing as possible.

7. DETAILED DESCRIPTION OF THE INVENTION

The main object of the detailed description is to enable a person skilled in the art to reduce the invention into practice without further experimentation; therefore a complete picture of the invention should be presented.

Fully and particularly describe apparatus/system/device with drawing illustrations (referring to the drawings), describing each and every component with connectivity and also describing the Best Method of performing the invention.

Illustration:

FIG. 1 is an illustrative view of the bed ventilator of the present invention 10 in use. The present invention is a ventilator unit 12 including a divided bed sheet 14 having subdivided vented chambers 26,28 that are clamped 18 to the mattress 22 on their respective side of the divided sheet 14 whereby each user 20 can set their preferential temperature setting. The ventilator unit 12 having power cord 96 incorporates a heater and a fan that work independently so that one user 20 can select heat while the other selects air fed therein through flexible hoses 16. The divided bed sheet 12 has a longitudinal pliable barrier which segregates the first vented chamber 26 from the second 28 with the present invention optionally provided sheet blanket clips 18 for securing the divided sheet 14 to the rest of the upper bedding, blankets, comforters, etc, to help the pliable barrier stay centered and in order on the bed.

Note: illustration/drawing(s) should be provided in separate sheets

8. CLAIM(S)

Claims define the contours of rights, if and when a patent is granted for an invention. Hence, claims are the most critical part of a Patent Application. In a complete specification the description is followed by claims. Since, claims define the scope of legal protection, it is suggested that they should be drafted carefully to cover all the aspects of the protection being sought and at the same time adequately distinguishing the prior art from the claimed invention.

How to write claim(s)

A Claim usually consists of three parts: Preamble, Transitional phrase; and Body.

Format: A claim starts with, I / We Claim (as applicable)

A Claim usually consists of three parts: (a) Preamble, (b) Transitional phrase; and (c) Body.

(a) Preamble: identifies the category of the invention and sometimes the purpose

“A bed ventilator”

(b) Transition Phase: The transition phrase may be words and phrases such as :

– comprising of

– including

– consisting of

– consisting essentially of

If the invention is an improvement on a product or a process existing in the prior art, the invention should be distinguished very clearly by characterizing the claim with the claim will have two parts separated by the word ‗characterized by‘or ‗wherein‘. The part coming before ‗characterized by‘is the prior art while that comes after will be the features of the invention.

(c) Body: Body of the claim lists the features of the invention in one sentence

Illustration: Base Technology or the Prior Art cited above is claimed as

1. A bed ventilator comprising:

a) a divided bed sheet having first and second vented chambers of a size sufficient to accommodate a person;

b) a ventilating unit in conduit communication with each of said vented chambers; and

c) a control unit for said ventilator unit, said control unit capable of activating said ventilating unit to direct air into either or both of said vented chambers, said divided bed sheet comprising a top sheet, a bottom sheet of greater length than said top sheet, and a longitudinal pliable partition conjoining said top and bottom sheets, with said top sheet and partition portion extending beyond said bottom sheet to form said first and second vented chambers in a side-by-side manner, with each of said vented chambers being in conduit communication with said ventilation unit.

Illustration: The claim pertaining to an improvement of the base technology or prior art, as shown above,therefore any improvement in the base technology shall be written with characterisation.

1. A bed ventilator comprising:

a) a divided bed sheet having first and second vented chambers of a size sufficient to accommodate a person;

b) a ventilating unit in conduit communication with each of said vented chambers; and

wherein,

[Novel and Inventive Part should be enumerated and elucidated]

9. ABSTRACT

An abstract is a concise summary of the matter contained in the specification, indicating clearly the technical field to which the invention belongs, technical problem to which the invention relates and the solution to the problem through the invention and principal use or uses of the invention. The abstract as pointed here above should be concise, hence is limited to one hundred and fifty words only.

Illustration:

“A ventilating system for a bed for selectively venting either ambient air or heated air into the bed linen of a bed approximate the foot of the bed through a pair of vents clipped to the mattress in spaced apart fashion. with a pliable partition longitudinally extending the length of the top and bottom sheet and fastened there between creating a pair of side by side chambers with each having its own vent in conduit communication with the ventilator unit incorporating a heater and a fan working independently of each other so that one can select either ambient air or heated air and the volume of desired air through settings such as low, medium or high volume.”

Author: Amit Sudarsan (Toxicologist, LLM – IPR)