| A patent application has the following major parts | | | | feature, where as is US, it is taken as known in |
| such as Title, Background, Technical disclosure, | | | | the art before the separation phrase in the two |
| Abstract and Claim. The person who writes | | | | part claim. Another example, Omnibus claim is |
| patent application must have the capability of | | | | allowed in India; however it is not allowed in US. |
| understanding the area of invention, so that he | | | | Without the knowing the patent law in the |
| would be able to draft the application to meet the | | | | jurisdiction, it would not be possible to draft the |
| patent application requirement. To understand the | | | | claims properly. |
| area/strength of the invention, the technical | | | | In a patent application, it is essential to have to |
| person can only able to differentiate with existing | | | | comprehensive technical disclosure before filing the |
| technology, and can able to bring the novel | | | | patent application as the new matter can not be |
| feature and inventive step of the invention in the | | | | added after filing the patent application, but at the |
| technical disclosure and background of the | | | | same time, claims can be amended during the |
| invention. | | | | prosecution of application. The patent is granted |
| The main part of the patent application is Claim, | | | | based on the technical disclosure and patentability |
| which defines the scope of the protection of | | | | of inventions and, the claim is sought to protect |
| invention and prohibits others from making, using, | | | | the invention. Therefore, drafting of patent |
| selling or offering for sale the subject matter | | | | application is an art and it requires both technical |
| defined by the claims, without the permission | | | | and legal expertise to obtain a patent. |
| from the patentee. Hence, the claim construction | | | | Patent applications are filed to protect the |
| is considered to be the heart of the patent, and it | | | | invention and to obtain the patent, and also to |
| is imperative to protect the invention as well as | | | | enforce the patent. The future enforcement of |
| enforcing the patent. The word in the claim has to | | | | any patent application is mainly depends upon the |
| be written very clear and succinct. The meaning | | | | scope of the protection of invention, particularly |
| and interpretation of each claim is referred with | | | | the scope of the protection is determined by the |
| the technical disclosure in the application. While | | | | claim crafting. Hence clearly drafted patent |
| drafting the claim, the patentee needs to be very | | | | application with proper claim will help the patentee |
| careful for selecting the words in the claim to | | | | to find the potential infringer. While drafting the |
| avoid any ambiguity. | | | | patent application, the subject matter has to be |
| In order to construct the claims, the person | | | | distinguished from the prior art to avoid from the |
| needs to now the law in the jurisdiction, so that | | | | litigation, and also the claim has to be written with |
| he would be able to craft the claims to meet the | | | | well support of technical disclosure to avoid the |
| patent law of the jurisdiction. Therefore, it is | | | | invalidation of patent. Therefore, enforcement of |
| essential to have legal expertise for crafting the | | | | patent is determined by the quality of patent |
| claims. For example, two part claim [Jepson claim] | | | | application drafting. |
| is essential in EPO to differentiate the novel | | | | |