“A top-down method begins with an enormous image, breaking it down into smaller elements till reaching the target. A bottom-up method begins with small, particular person elements and builds to an enormous image…. In lots of circumstances, the approaches are mixed to use the benefits of every whereas avoiding their disadvantages.”
Writing a helpful and enforceable patent software isn’t a simple activity. Quite a few articles present the right way to draft a patent software. For instance, Gene Quinn of IPWatchdog printed a collection of articles with tricks to keep away from errors or pitfalls. Automated software program and AI-assisted drafting instruments have additionally develop into out there, however there have been ethical and practical concerns about counting on AI. As an alternative of discussing the precise particulars of the steps in writing a patent software or the professionals and cons of automated or AI instruments, I’ll give attention to the general methods or approaches.
Downside fixing has two fundamental approaches: top-down and bottom-up. Right here, the time period top-down means to go from basic to particular, and bottom-up means from particular to basic. A top-down method begins with an enormous image, breaking it down into smaller elements till reaching the target. A bottom-up method begins with small, particular person elements and builds to an enormous image. Most issues could be pursued utilizing both of the 2 approaches. In lots of circumstances, the approaches are mixed to use the benefits of every whereas avoiding their disadvantages. Equally, writing a patent software could be pursued by utilizing a top-down, bottom-up, or mixture method.
Huge Image, Little Image
For patent purposes, what’s the huge image? It’s the claims. The claims set a patent software aside from a technical write-up or a scientific or engineering paper. Finally, the claims outline the unique rights granted to the applicant. What are the small elements? They’re particulars within the specification and the drawings. These components result in the claims. Accordingly, in a nutshell, the top-down method begins with the claims and works down via the drawings and the outline. In distinction, the bottom-up method begins with the drawings and outline and works as much as the claims. It needs to be famous that the general method influences solely how the practitioner carries out the writing course of. It’s unbiased of the ultimate type of the appliance, which has a inflexible format and should meet the necessities of the patent software.
Figs. 1 and a pair of illustrate the top-down and bottom-up approaches, respectively. The approaches share some frequent elements. The principle distinction lies within the order of the duties within the practitioner’s workflow. Let’s first go over the frequent elements.
Within the diagrams of Figs. 1 and a pair of, the invention disclosure is the preliminary step by which the inventor discloses the invention to the practitioner in ample element to permit the practitioner to put in writing the appliance. In some situations, inventors and patent practitioners have totally different views on the identical invention. An inventor is extra within the technical particulars and the answer to the issue. A patent practitioner is extra eager about maximizing the advantages of the patent and the way others might infringe the patent. Normally, nevertheless, the invention disclosure fulfills its goal of enabling the practitioner to grasp the invention. Following the disclosure, the practitioner research the invention rigorously to kind a good suggestion of what the invention is and does. She or he begins writing the patent software via steps in a workflow. In a typical workflow, the practitioner may have to speak with the inventor to acquire further supplies, explanations, or clarifications at each step of the method. Towards the top of the workflow, the practitioner critiques, revises, and finalizes the appliance and sends the draft to the inventor for overview. The inventor critiques the appliance and will make feedback or corrections or approve the draft. The method might travel between the inventor and the practitioner till the draft is authorized. Upon approval, the practitioner recordsdata the appliance with correct formal paperwork (e.g., signed oath/declaration and task kind). No matter what method the practitioner follows, the above steps are primarily the identical. The distinction between the approaches lies within the practitioner’s workflow.
Fig. 1 illustrates the workflow (in darkish grey shading) of the general top-down method. The highest-down method begins with the large image—the claims, proven in gentle grey shading—and from the claims works all the way down to the drawings and the outline. The claims outline the terminology and components and state how these components interconnect to attain the specified consequence. In different phrases, the claims drive the drawings, and the drawings drive the outline. In drafting the claims, the practitioner additionally consists of numerous embodiments and captures the variations in dependent claims.
Fig. 1: Prime-down Method
Fig. 2 illustrates the workflow (in darkish grey shading) of the general bottom-up method in writing the appliance. The underside-up method begins with the drawings, proven in gentle grey shading, after which the outline and works as much as the large image—the claims. The practitioner composes and arranges the drawings primarily based on what she or he envisions the claims needs to be. In different phrases, the drawings drive the outline, and the outline drives the claims. In composing the drawings, the practitioner additionally consists of numerous embodiments and captures the variations in associated figures.
Fig. 2: Backside-up Method
An total mixture method merges top-down and bottom-up in each step of the method. It could begin with a set of preliminary claims and a set of preliminary drawings with or with out mutual correspondence. The claims and the drawings are then revised as a lot as needed all through the method as described above.
The composition of the drawings has a presentation order of the hierarchy of the elements that represent the invention. Not surprisingly, top-down and bottom-up are additionally the 2 approaches within the presentation. In a top-down presentation, the system’s total block diagram is offered first. It’s adopted by diagrams or illustrations, together with flowcharts, that go down the hierarchy. In a bottom-up presentation, the diagram or illustration of the bottom element within the hierarchy is offered first. It’s adopted by diagrams or illustrations traversing up the hierarchy till the system block diagram is reached.
The presentation may additionally observe a mixed or blended method utilizing each top-down and bottom-up types. For the reason that presentation of the drawings is unbiased of the general course of, there could also be any mixture of the general method and the presentation method. For instance, a top-down total method might use a bottom-up presentation. The outline follows the identical order because the drawings and is usually a mechanical technique of changing or translating a visible description within the drawings right into a textual description. The textual description might include particulars that aren’t conveniently proven within the drawings.
Benefits and Disadvantages of the Two Approaches
Every method has benefits and downsides. Opinions will differ, and the next is my tackle this subject.
Prime-Down Method
Benefits:
- The method tends to be environment friendly. Since extra time is spent drafting the claims and organizing the declare components, as soon as they’re finalized, the claims are sometimes in stable kind and require little revision. The drawings, due to this fact, could be effectively composed and organized.
- The drawings and outline are guided by the claims, so terminology is constant all through. As well as, the claims management the depth and breadth of the drawings and outline. Accordingly, the specification tends to be clear, concise, and correct.
- For the reason that drawings and outline are pushed by the claims, the tendency is to supply particulars within the drawings to help the claims. This, in flip, acts as a built-in reminder of the written description, enablement, and finest mode necessities.
Disadvantages:
- The writing of the specification might not begin till the practitioner finalizes the claims. The preliminary interval could also be intensive, and the inventor(s) might not be well timed in responding.
- In some circumstances, sure elements of the invention might not be readily acknowledged till the small print of the drawings or the outline are labored out. This may result in a revision of the claims and additional communication with the inventor(s).
- When the invention is extraordinarily complicated or is exploratory, or when the practitioner isn’t fairly proficient within the underlying know-how, it’s laborious to formulate claims.
Backside-Up Method
Benefits:
- By first understanding the small print or the small elements, the practitioner turns into more and more aware of the invention and might grasp the large image. She or he will be capable to seize the novel thought extra utterly on the finish.
- The invention disclosure, in essence, spreads over virtually all the drafting course of because the practitioner works on the drawings, asks questions, and revises the drawings. Due to this fact, the inventor can present contemporary suggestions or clarifications because the practitioner works on the draft.
- When working via the drawings, the practitioner might in some circumstances uncover particulars that might not be initially acknowledged and might incorporate these particulars into the claims.
- A bottom-up method is appropriate for terribly complicated or exploratory innovations.
Disadvantages:
- There’s a tendency to over-describe the invention. For the reason that drawings are ready with out the advantage of having the scope or boundaries outlined by the claims, the practitioner tends to incorporate pointless particulars that could be missed through the revision step.
- The method could also be inefficient as a result of it takes extra time to revise the drawings and the outline.
- For the reason that claims are drafted after the drawings and outline, the practitioner would possibly use declare phrases which might be totally different from phrases used within the specification. Due to this fact, there could also be a written description or enablement downside.
It needs to be famous that the above execs and cons might rely upon the character of the invention, the standard of the invention disclosure, the cooperation of the inventor(s), the practitioner’s expertise and familiarity with the underlying know-how, and the allotted time price range.
Picture Supply: Deposit Images
Authorvectorguy
Picture ID: 90696102
