Structured disclosure of the patent claims are the weapon to protect your invention into competitive market by taking advantage of its popularity. The merits and demerits of creating a strong patented claims and ‘not-so-strong’ patent claims falls apart like the two sides of the pole, respectively. The USPTO protects the right of the patent holder by allowing no one else than the patent holder to make, use, and sell the invention; otherwise if some someone else wants to make use of the invention, then he must take a proper consent from the actual patent owner.
The 35 U.S.C. § 112, states that “The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention”.
The specification must comprise of the three most-essential requirements, namely:
- The Written Description Requirement: It states that the written description must convey the claimed subject in full, clear, concise, adequate, and precise terms. It includes an official date of filing the invention, an evidence to prove that the inventor holds all right to the claimed subject matter, complete description to define the invention, etc., all that critical information required.
- The Enablement Requirement: It states that the specifications must be written in such a detailed format that even a person holding sufficient amount of knowledge in that specified domain, will be able to understand and make use of the invention. If the person fails to make use of the invention, then the invention fails in this aspect and then it will be considered insufficient in terms of its disclosure and explanation.
- The Best-mode requirement: It states that the specifications must be described in its best descriptive mode at the filing time. It ensures that the inventor confronts his/her invention open-heartedly in public, without any hiding-back from the public. Sometimes, intentional concealment of best mode of explanation and a poor-quality disclosure might lead to rejection of filed application.
Only comprehensive revelation of the invention in the public domain will allow the United States to protect, shield, and defend the inventor’s invention from any sort of infringement or any other patent right’s assault.
We, at the SmartIDS, prepare ready-to-file IDS forms in USPTO prescribed format within a cost effective curriculum with the help of our professional drafters. On the other hand, we ensure 100% quality assurance with our IDS creation that has been remarkably appreciated by our corporate clients from more than 45 countries.