77894 Drafting of Patent Specifications

Description

This subject sets the foundations for the most important skills that a patent attorney can have, namely, the ability to draft competent independent and dependent patent claims with an accompanying patent description:

• Independent claims that are valid, clear and succinct and whose scopes are not too broad and not too narrow so as to be difficult for competitors to avoid. It is particularly important to direct the main independent claim in a patent specification in a way that not only achieves the client's main objective but is also differentiated from and arguably has an inventive step over the known prior art.
• A set of dependent claims that provide adequate fallback positions should the independent claim upon which they depend be found invalid.
• A patent description that supports the claims, which is 'clear enough and complete enough for the invention to be performed by a person skilled in the art' (Patents Act 1990 (Cwlth), s. 40(2)(a)) and which discloses the best method of performing the invention (Patents Act, s. 40(2)(aa)).

Students develop practical patent drafting and analytical skills through online group assessments, individual assessments and case studies that mirror the legal and factual drafting issues that arise in practice.

Footnote(s)

This subject is accredited by the Professional Standards Board as fulfilling part of the qualifications for registration as a Patent Attorney in Australia.