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The importance of the specification as patent document

  • 08 May 2017
  • Articles

The patent document is published by an Industrial Property Office both of applications and patent grants. In this type of document is included the specification which discloses accurately the invention for which the protection is sought

Before beginning to write the specification, a number of elements should be taken into account in order to determine whether the invention may be protected by invention or utility model patent and the possibilities of its subsequent commercialization. As a starting point, the search for the state of the art defines the form of protection and, is the input for the writing of the specification since it allows to establish the state of the art and the need or problem that seeks to solve the invention to protect.

Another important element is the active follow-up of the inventors in order to be able to supply sufficient information to unequivocally understand the invention and, thus be able to capture all the technical characteristics of the same within the document.

Once the invention is understood, the patent document can be started, which consists of the following parts:

Technical field
Description of the invention
These parts are fundamental and each of them fulfills a specific function within the document. In addition, they have to share a structure and the uniform use of words and terms at the time of writing the patent document, i.e., always preserve the same expression for each element that forms part of the invention.

The most important part within the document is the set of claims containing the subject matter for which the protection is specifically requested. Therefore, it is essential that the wording of said claims allows them to be clear, concise and widely supported in the patent document in order to determine a suitable scope of protection.

Another important aspect during the drafting is to avoid its disclosure before filing the patent application anywhere in the world, given that this may affect the novelty and hence the future protection of the invention.

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The importance of the specification as patent document