Patent Specification
Application for intellectual property (IP) protection such as patent, industrial design and trademark is important to secure the rights of the IP owner. Certificate of IP ownership issued by the patent office is a recognition by the government to allow the owner to enforce their exclusive rights.
In Malaysia, registration of IP can be made at MyIPO. The application should be accompanied by relevant documents, forms and fees are paid accordingly. Unlike industrial design and trademark, the documents for patent application requires a lot more paperwork. One of the document that an applicant should prepare is patent specification. In a patent specification, there are generally four main parts; description, claims, drawings and abstract.
Description
The first part is the description of the invention. Description usually contains several sections such as title, field of invention, background of invention, summary of invention brief description of the drawings (if any) and detail description of the invention. It must contains sufficient disclosure of the invention. Insufficient disclosure may result in the application being recommended for refusal by patent examiner.
Claims
Claims are the most important aspect of the specification as these will determine the scope of protection for the invention. There are several types of claims such as product claim, method/process claim, apparatus claim and use claim. Each type has its own format of writings which can be very complicated to draft. Claims that are draft incorrectly may cause the patent owner to have inadequate scope of protection resulting others to take advantage of the patented invention. The claims also should be supported by the description and should not refer to the drawings.
Drawings
The drawings or figures are usually included with the patent specification for better understanding of the claimed invention. Patent drawings are simpler that technical drawings but also has its own formatting. Besides the drawings of the invention or its parts, flowchart is also considered as drawings.
Abstract
The last part of the patent specification is the abstract. It is basically a brief summary of the entire specification.
The patent specification and the application procedures must comply with the requirements of Patent Act and Regulations before being granted.
In Malaysia, registration of IP can be made at MyIPO. The application should be accompanied by relevant documents, forms and fees are paid accordingly. Unlike industrial design and trademark, the documents for patent application requires a lot more paperwork. One of the document that an applicant should prepare is patent specification. In a patent specification, there are generally four main parts; description, claims, drawings and abstract.
Description
The first part is the description of the invention. Description usually contains several sections such as title, field of invention, background of invention, summary of invention brief description of the drawings (if any) and detail description of the invention. It must contains sufficient disclosure of the invention. Insufficient disclosure may result in the application being recommended for refusal by patent examiner.
Claims
Claims are the most important aspect of the specification as these will determine the scope of protection for the invention. There are several types of claims such as product claim, method/process claim, apparatus claim and use claim. Each type has its own format of writings which can be very complicated to draft. Claims that are draft incorrectly may cause the patent owner to have inadequate scope of protection resulting others to take advantage of the patented invention. The claims also should be supported by the description and should not refer to the drawings.
Drawings
The drawings or figures are usually included with the patent specification for better understanding of the claimed invention. Patent drawings are simpler that technical drawings but also has its own formatting. Besides the drawings of the invention or its parts, flowchart is also considered as drawings.
Abstract
The last part of the patent specification is the abstract. It is basically a brief summary of the entire specification.
The patent specification and the application procedures must comply with the requirements of Patent Act and Regulations before being granted.
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