2003 IRISH SCIENTIST YEAR BOOK

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Patents Office
Fergal Brady
Patent Specification - a full disclosure

In previous articles in The Irish Scientist Year Book, the fundamentals of patentability, and the value of patent documents as a source of information have been discussed. Also of great importance for any inventor is how to protect their work from unauthorised exploitation. At the heart of the patent system is a quid pro quo, protection for the patentee (typically a 20 year monopoly) in return for a full disclosure of the invention, the patent specification.

At the point of application, the applicant is required to submit a specification describing their invention. The specification comprises four parts, beginning with a title, which should be brief but clearly indicate the nature of the invention.

The description follows, wherein the nature of the invention is explained clearly and completely. It should be possible for a person with reasonable skill in the technical area in question to be able to carry out the invention on the basis of the submitted specification alone. This should be borne in mind when drafting it. The nature of the problem solved by the invention should ideally be described, and features or embodiments of particular interest should be elaborated in the description.

The claims are the most important aspect of the specification, as these define the precise scope of the patented invention. The claims should precisely define every feature that characterise the invention and distinguish it from what was known heretofore, the 'prior art'. They should be clear and concise, and should be fully supported by the description. The claims are used as the basis for defining what has been invented, and are interpreted through the description. This is important, as they define the scope of the protection the patent confers on its owner, and therefore the degree to which any litigation for infringement will be successful should the need arise. A patent cannot be granted on the basis of even the fullest description in the absence of claims.

The applicant may include drawings in the specification, but separately to the description and claims, to assist in explaining the nature of the invention. These are not mandatory, but enhance the clarity of the disclosure.

Finally, the specification must also be accompanied by an abstract. This is a brief (150 words or less) synopsis of the invention, which is used for archiving purposes. It does not form part of the specification, but no application is deemed valid until an abstract is provided. It is these requirements that make patent documents such a rich source of technical information.

For further information, please visit our website at www.patentsoffice.ie ,
or contact us either in Kilkenny
(Lo-call 1890-220223)
or Dublin (Lo-call 1890-220222).