Guidelines on Patent Drafting

[Mechanical]
Introduction
A patent draft is a technical document presented in a legal format that has
two primary functions: (a) establish novelty and (b) establish inventive step or non-obviousness of
an invention.
We should always keep in mind that the purpose of a patent draft or specification is to highlight the
existing problem in the current state of the art or technology and provide a solution, which is new
and not obvious to a person skilled in the art.
It is paramount to communicate the invention in a written format and to comply to the statuary
requirements for smooth and faster prosecution. The decision of grant is based on the written
specification as most of the times an examiner would not ask for a model or prototype or the product.
The patent draft should be drafted in a manner to fully or particularly describe an invention, as a
result allowing a person skilled in the art to perform the invention without any undue diligence.

PARTS OF A PATENT SPECIFICATION

1. Title of the invention;

2. Field of the invention;
3. Background of the invention;
4. Object of the invention;
5. Summary of the invention;
6. Brief description of the drawing;
7. Detailed description of the invention;
8. Claim(s); and
9. Abstract.

STEPS OF PATENT DRAFTING

Step 1: Determine Novelty

The novelty of an invention is determined prior art search on databases including:

 Patent lens
 Google patent
 USPTO search databases
 IPO search database
 Pubmed, etc.

Step 2: Determine Inventiveness or non-obviousness

The inventiveness of a mechanical invention can be determined by setting up problem-solution

statement and compare it with the existing art, and create a claim strategy.

 Illustration: For example, suppose an invention disclosure elucidates a

technology for selective bed cooling, with individually venting sides, whereby each side
of the bed has a selective different temperature.
 Set up a Problem Statement: In temperature controlled beds, two people
utilising the same bed are subjected to the same temperature.
 Set Up a Solution Statement: a ventilating system for a bed whereby each
side of the bed can have a different temperature.
 Compare and Contrast with the existing technology: a ventilating system
having individually venting sides of bed whereby each side of the bed can have a
selective different temperature.


Prior Art

Invention to be drafted / claimed

 Step 3: Drafting Patent Specification

The drafting should include and highlight novelty and inventiveness in each section.
Formulate Claim Strategy: Before drafting, a claim strategy should be formulated which includes
combining the Novelty and Inventiveness, therefore venting of conditioned air in a particular section
of bed with flexible partition of bed longitudinally.

1.TITLE OF THE INVENTION

The title should sufficiently indicate of the subject matter and disclose the specific features of the
invention (word limit – fifteen).
Probable Titles referring the above illustration
“A bed for selectively venting of ambient air”
                                              “Bed Ventilator Unit”
Comment: The title should be free of fancy expression, such as unique, novel, better,
great, best, etc.
2. FIELD OF THE INVENTION
IBriefly indicates subject matter to which the invention relates, advantages, areas of application and
preferable use.
Format: 
“This invention relates to …………………”,   and use of invention

 “This invention relates to a cooling bed”

 The present invention relates generally to bedding and, more specifically, to a

ventilating system for a bed for selectively venting either ambient air or heated air
into the bed linen of a bed approximate the foot of the bed through a pair of vents
clipped to the mattress in spaced apart fashion.

Comment: please note that vernacular should be used very selectively;as field restricts
the scope of use. Moreover, if only a cooling bed is claimed as a use then other uses are
automatically disclaimed.
3. BACKGROUND OF THE INVENTION
The background should clearly indicates (a) the problem to be solved, (b) state of the art
technology (Prior Art). The indication must highlight development in the field, patents and
patent pending
(a) Problem to be solved:
Illustration: Many individuals enjoy sharing bed with their spouse but find it hard to agree on air
temperature for an optimal sleep. However, due to different metabolic and hormonal activity most
husbands and wives need different amounts of cooling to lower their body temperature.
 Additionally, individuals without access to air-conditioning during hot summer nights may find it
difficult to fall asleep due to their raised body temperature. These individuals may have access to
ceiling or window fans, but oftentimes the simple movement of air is not enough to lower body
temperatures to a comfortable state. Also, many individuals suffer from night sweats and hot flashes
in which additional cool air is needed to alleviate the sharp spike in body temperature. Therefore, a
need exists for a bed which allows each user to readily control the cooling level and area.
(b) The state of the art technology:
Above all the state of the art technology includes closest citations or Prior Art: both Patent and Non
Patented Citations.
Patent Citations:
Finally, at least three most relevant or closest citations should be elucidated and there are no
restrictions on the upper limit. Provide patent or application number DE 100 12617, the brief
description and limitation or difference from the present technology, or the main objects of the
inventions may be enlisted..
Non Patented Citations: Includes anything from product description from a website or a paper
from a scientific journal.
4. OBJECT(S) OF THE INVENTION – The object of the invention should clearly bring out the:

 necessity of the invention;

 clearly mention the technical problems associated with the existing technology
and the solution for that, bringing out the differences between the claimed invention
and the prior art; and
 the solution sought by the invention should be clearly brought out as object(s) of
inventions.

Format:
1st Object: The principal/primary/ main object of this invention is……………,
2nd Object―Another object of this invention is ……………..,
3rd and subsequent Objects ―A further object of this invention is/ yet another object of the
invention is …………. etc.r
Illustration:
A primary object of the present invention is to provide a means for individually venting both sides of
bed. (Technical problems associated)
Another object of the present invention is to provide a ventilating system for a bed whereby each side
of the bed can have a different temperature. (Necessity of the invention)
Yet another object of the present invention is to provide a ventilating system comprising a ventilator
unit having a pair of conduits terminating in a pair of vents attachable to a bed. (Differences
between the claimed invention and the prior art)
Still yet another object of the present invention is to provide a ventilating system wherein said vents
incorporate clips whereby the vents can be clipped onto a mattress.
5. SUMMARY OF THE INVENTION
The summary of invention briefly describes the embodiments of the invention before giving the
details of the invention, in the next section and the method of performing it. The statement should
clearly set forth the distinguishing novel features and uniqueness of the invention for which
protection is desired. This part is intended to declare different aspects of the invention.
Illustration: The present invention overcomes the shortcomings of the prior art by providing a
ventilating system for a bed for selectively venting either ambient air or heated air into the bed linen
of a bed approximate the foot of the bed through a pair of vents clipped to the mattress in spaced
apart fashion with a pliable partition longitudinally extending the length of the top and bottom sheet
and fastened there between creating a pair of side by side chambers with each having its own vent in
conduit communication with the ventilator unit incorporating a heater and a fan working
independently of each other so that one can select either ambient air or heated air and the volume of
desired air through settings Such as low, medium or high volume. The temperature of the heated air
is also selectable through settings Such as low medium or high. Also provided is a top sheet with the
pliable barrier attached only to the top sheet providing for unencumbered movement by the users
between the chambers as desired with the barrier member still serving to segregate the bed into
opposing chambers.
6. BRIEF DESCRIPTION OF THE DRAWING
As mentioned earlier that usually an examiner would not ask for a model or prototype or a product,
hence to communicate the product it should be augmented with as many drawing as possible.
7. DETAILED DESCRIPTION OF THE INVENTION
The main object of the detailed description is to enable a person skilled in the art to reduce the
invention into practice without further experimentation; therefore a complete picture of the
invention should be presented.
Fully and particularly describe apparatus/system/device with drawing illustrations (referring to the
drawings), describing each and every component with connectivity and also describing the Best
Method of performing the invention.
Illustration:
FIG. 1 is an illustrative view of the bed ventilator of the present invention 10 in use. The present
invention is a ventilator unit 12 including a divided bed sheet 14 having subdivided vented
chambers 26,28 that are clamped 18 to the mattress 22 on their respective side of the divided
sheet 14 whereby each user 20 can set their preferential temperature setting. The ventilator
unit 12 having power cord 96 incorporates a heater and a fan that work independently so that one
user 20 can select heat while the other selects air fed therein through flexible hoses 16. The
divided bed sheet 12 has a longitudinal pliable barrier which segregates the first vented
chamber 26 from the second 28 with the present invention optionally provided
sheet blanket clips 18 for securing the divided sheet 14 to the rest of the upper bedding, blankets,
comforters, etc, to help the pliable barrier stay centered and in order on the bed.
Note: illustration/drawing(s) should be provided in separate sheets
8. CLAIM(S)
Claims define the contours of rights, if and when a patent is granted for an invention. Hence, claims
are the most critical part of a Patent Application. In a complete specification the description is
followed by claims. Since, claims define the scope of legal protection, it is suggested that they should
be drafted carefully to cover all the aspects of the protection being sought and at the same time
adequately distinguishing the prior art from the claimed invention.

HOW TO WRITE CLAIM(S)

A Claim usually consists of three parts: Preamble, Transitional phrase; and Body.

Format: A claim starts with, I / We Claim (as applicable)

A Claim usually consists of three parts: (a) Preamble, (b) Transitional phrase; and (c) Body.
(a) Preamble: identifies the category of the invention and sometimes the purpose
“A bed ventilator”
(b) Transition Phase: The transition phrase may be words and phrases such as :
– comprising of
– including
– consisting of
– consisting essentially of
 If the invention is an improvement on a product or a process existing in the prior art, the invention
should be distinguished very clearly by characterizing the claim with the claim will have two
parts separated by the word ‘characterized by‘ or ‘wherein‘. The part coming before ‘characterized
by‘ is the prior art while that comes after will be the features of the invention.
(c) Body: Body of the claim lists the features of the invention in one sentence
Illustration: Base Technology or the Prior Art cited above is claimed as
1. A bed ventilator comprising:
a) a divided bed sheet having first and second vented chambers of a size sufficient to accommodate a
person;
b) a ventilating unit in conduit communication with each of said vented chambers; and
c) a control unit for said ventilator unit, said control unit capable of activating said ventilating unit to
direct air into either or both of said vented chambers, said divided bed sheet comprising a top sheet,
a bottom sheet of greater length than said top sheet, and a longitudinal pliable partition conjoining
said top and bottom sheets, with said top sheet and partition portion extending beyond said bottom
sheet to form said first and second vented chambers in a side-by-side manner, with each of said
vented chambers being in conduit communication with said ventilation unit.

Illustration: The claim pertaining to an improvement of the base technology or prior

art, as shown above, therefore any improvement in the base technology shall be
written with characterisation.
1. A bed ventilator comprising:
a) a divided bed sheet having first and second vented chambers of a size sufficient to accommodate a
person;
b) a ventilating unit in conduit communication with each of said vented chambers; and
c) a control unit for said ventilator unit, said control unit capable of activating said ventilating unit to
direct air into either or both of said vented chambers, said divided bed sheet comprising a top sheet,
a bottom sheet of greater length than said top sheet, and a longitudinal pliable partition conjoining
said top and bottom sheets, with said top sheet and partition portion extending beyond said bottom
sheet to form said first and second vented chambers in a side-by-side manner, with each of said
vented chambers being in conduit communication with said ventilation unit,
 wherein,
[Novel and Inventive Part should be enumerated and elucidated]
9. ABSTRACT
An abstract is a concise summary of the matter contained in the specification, indicating clearly the
technical field to which the invention belongs, technical problem to which the invention relates and
the solution to the problem through the invention and principal use or uses of the invention. The
abstract as pointed here above should be concise, hence is limited to one hundred and fifty words
only.
Illustration:
“A ventilating system for a bed for selectively venting either ambient air or heated air into
the bed linen of a bed approximate the foot of the bed through a pair of vents clipped to the mattress
in spaced apart fashion. with a pliable partition longitudinally extending the length of the top and
bottom sheet and fastened there between creating a pair of side by side chambers with each having
its own vent in conduit communication with the ventilator unit incorporating a heater and a fan
working independently of each other so that one can select either ambient air or heated air and the
volume of desired air through settings such as low, medium or high volume.”