P atent drafting is a part of how to patent an idea and is the process of writing the patent description and claims. It is at the core of every patent application. When the patent is issued or allowed, the draft serves as the specification part of the document. Often an inventor wants to complete the patent drafting process by providing an essay or a business plan that outlines the invention. Unfortunately, documents like these are of limited use. Once an application is submitted, you can’t do anything about it nut to wait for the responses from the Patent office seeking corrections and clarifications (or office actions). It would even act as a prior art even to your own patent application which you file, even if you have abandoned the previous application!

When an application is difficult to read or understand, it hurts the applicant, in many ways. First, the more complicated the document is to read, the less likely it is that you will read the application thoroughly, and so you may miss errors and omissions. Too often the applicant gives up halfway through the document and skips ahead to the signature page. The result is an application that may or may not include what you intended.

Secondly, the errors present in a patent application would lead to office actions, which is both time consuming and expensive. This results in a denial or possibly an allowance that is less thorough.

Thirdly, If the patent is ever litigated, a confusing draft can frustrate and annoy judges, juries, and other parties. A poorly written patent may also leave open doors for litigants on either side to interpret the language in an unintended way. This is costly for all the parties.

Then the question that obviously arises is can an inventor draft their own patent. Yes, an inventor can write his own patent. However, that is usually not a good idea for several reasons. The result will likely be that the application is denied. The cost of filing is quite steep so that loss has to be financially absorbed. Hiring a skilled and knowledgeable patent attorney, even if only to consult, is a better idea than attempting a DIY.
But this scenario is changing. Once can use tools like Inspat offered by us, which will do your first level of proofreading your patent application and identify most of the errors. You could also use our ProvGen, which would draft a solid Provisional Patent application for you!

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