What is a Patent, a Document or a Technology?

Just to start with, patent drafting can cost you from INR 40,000/- to INR 1,50,000/- in India, USD 4,000/- to USD 10,000/- in Europe, USA, Canada, and most of the developed countries outside. Drafting and prosecution cost is much high than the government fees, WHY?

Can a non-patent professional draft a patent, YES. Then why to spend so much.

This question brings us back to the basics:

What is patent?

As a layman I can say, my technology is protected by a patent, correct.

So what is protected?

Technology or the document containing the technology?

Basically it starts with the technology, the patent document is drafted to protect the technology in such a way that:

1. No one copies your technology,
2. No one can get around your technology by doing minor modifications, and
3. To create an infringement trap for other, border the claims border the trap.

Yes, the patents are drafted for protecting the invented technology, but the patent documents submitted in black and with the patent office cover border area, protecting things beyond your technology.

Now its no more a technology, its a document defining what is protected and what is not. Therefore, drafting of a patent is totally different from drafting a technology description. Some practitioners falsely refer to the patent drafting as an art of writing technology in complex way. Rather I would say, the patent document should be written in such a way that any person with ordinary skills in the domain should understand it just by reading. This is also one of the requirement of the patent act’s globally, which is referred as “Enablement” Read more