Tips on Patent Drafting in Indonesia (4) - Chemistry

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In chemical product or process patent application, a subject matter of what you claim for is really matter as this will guide examiners to look for what comparison documents for your patent examination process. If you claim a rubber layer in a body of pen, then you have to claim a rubber, instead of that pen, for example.

An invention is not necessarily weaknesses of an invention, but it can an improvement of that invention. For example, a car with 300 km/h speed capability can be developed up to 400 km/h, and that 300 km/h car does not meant a bad car.

Claim your invention, then make short description, abstract, and followed by other part, i.e. a complete description section. The more detail your invention is usually patentable, as well as, the more broader your claimed inventive terms will make it higher in sense of patent protection. Preferably, your claim is always in two-part form style, instead of single form as mostly used in the USPTO.

The unity of invention is also matter whereby you make several independent claims are in coherence on its own. In that claim is a must to incorporate all technical features. If you input also non-technical features, it tends to limit your invention. It also need to claim a specific chemical compound, instead of more general compound but with similar group, like better off claiming Etanol, instead of Alcohol.

Most inventions in this branch of patent include composition, process, method, formulation, a system, and chemical industrial apparatus. Such system is like water purification treatment system or sewage treatment system. Applicant is recommend to employ common terms used in Chemistry (e.g. likuifikasiliquefaction). Another example is the word ‘method’ is broader that a process as this consists of many steps.

If your patent is a process patent, then use only action words to begin your inventive process. In your dependent claims, then, use noun word forms of those action words. You may add a process flow, diagram or a scheme, but all of those is not mandatory because it functions as supporting analysis.

Easier way to spot an applicant invention is by making a matrix started from identifying technical features, requesting complete relevant documents, then determining what invention is, what makes is it deference, what representation or visual form is that, what it is for, and so on. You have to bear in mind about any essential invention thereof.

In enforcing your claims, there are many several scenarios: A patent with ABC features, and, in a market, there is AB, meaning that is not patent infringement. But a patent with ABCD features in that market is indeed an infringement. To that ABCD featured patent is not infringement, then you have to claim: a C features on AB features. For example a X product (sunblock) can be mixed with a peculiar moisturizer.

Examiners will account your (1) clarity; (2) consistency; (3) novelty; (4) inventive steps, (5) industrial application, and comparing with their searched comparative documents. In their thought, they are well aware the difference among these terms: invention, innovation, and creativity, so then you also may take into account this.

In claim drafting, make your any impacts from detailing, adding, lowering. Adding is when a ABC shampoo, for instance, has a D features, making it ABCD, but if your have D+, then this is detailing, and put it in your dependent claims. In practice, it is easier to add more features in a claim, then reducing it. Adding features is, however, carried out in careful manner, than detailing your claim as usually being easier.

When a complete description section is regarded as a complete? When the person having ordinary skill in the art (PHOSITA) can reasonably understand your invention. They are not only the inventor, but also examiner and consultant.

As a closing, applicants may think that they incorporate both process and product patent in one patent application to make easier of this patent application. It is allowed and also true, but your likely lose your opportunities whenever you are in the condition that can license a product patent only to a party, then other part of your that patent (a process patent) can be licensed to another party, vice versa. However, you may calculate your effort to pay double or multiple annual patent fees to the patent office.

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