India: Invention Disclosure Form

Last Updated: 19 October 2016
Article by Senthil Kumar

An Invention Disclosure Form is basically for the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application. This is the primary step in disclosing an invention.

It arranges the inventor's thoughts about the invention. It has to be filled in a way so that your invention is clear to the person who is unfamiliar with it. A well-written invention disclosure form enables a company to avoid non-patentable inventions.

Patent preparation from the invention disclosure form will expedite the process of preparation of patent draft by the patent attorney.

Patent prosecution process becomes even more productive if there is a good and productive relationship between the inventor and the patent attorney. The inventor being the expert need to cooperate with the patent attorney.

Points to remember while filling an Invention Disclosure Form:

An invention disclosure form does no "magic". It apparently collocates the views of the inventor pertaining to his invention. It has to be filled with utmost diligence taking care of below-mentioned points:

  1. The title should be sufficiently indicative of the subject of the invention and should reveal the specific features of the invention. It need not divulge the details of the invention and preferably not exceed fifteen words.
  2. Field of the invention and use of invention description should preferably begin with a general statement to indicate the subject matter to which the invention relates briefly. After that, the benefits of the invention can be included to clearly point out the areas of application and probable use of the invention. The applicant can also establish the industrial applicability of the invention if any.
  3. Prior art and problem to be solved part should indicate the present status of the technology with respect to the current developments and pending patent applications. If the invention relates to an improvement on an existing product, the description should completely and specifically describe the invention, and precisely distinguish it from closest prior art, known to the applicant.
  4. The objects / objectives of the invention part are to clearly bring out the necessity of the invention. It should distinctly mention the technical problems of current technology and the solution. It should decipher the distinction between the claimed invention and the prior art. The solution expected by the invention should be precisely the one which is used as the object(s) of the invention.
  5. Most invention disclosure forms also include a summary of the invention before giving the particulars of the invention and the mode of performing it. The statement should clearly set forth the characteristic pioneering features of the invention for which protection is sought. This part reveals different features of the invention.
  6. Detailed Description of the Invention

    1. It is required to be furnished in adequate detail to give a complete picture of the invention and follows the invention in brief. The nature of modifications effected should be appropriately mentioned.
    2. The particulars of the invention should be adequate for a person skilled in the art to carry out the invention. It may consist of examples or drawings or both for correctly deduce the nature of the invention.
    3. Reference to the drawings should be appropriate.
    4. Terms in other languages, used in the description, if any, must be accompanied by their English alternatives.
  7. If required drawings and/or sketches must be attached neatly on separate sheets. These must show the inventions clearly without any descriptive matter.
  8. The inventor is also required to provide a set of keywords, which could be of help to Patent Attorney. These aid in finding the precise classification to the patent. This also tests the patentability of the invention.
  9. Claims outline the rights, if and when a patent is granted for an invention. These mention the reach of the invention with brevity and exactness so that others may not trespass. Each claim is evaluated separately, therefore, it is important to make claims on all facets of the invention.
  10. References include the links related to the literature and patent search. Links or references which are of similar nature as the invention must also be mentioned in the Invention Disclosure Form.
  11. Most invention disclosure forms also require Disclosure Information. It means the inventor has to mention the names and dates when the first disclosure about the invention happened. It is also advised to mention the mode of the disclosure; e.g. orally or through a presentation, publication or a report. In most of the countries prohibit the grant of a patent in the event of any previous publication describing the invention. In such cases, the publication or public description about the invention before the patent application result in the loss of most foreign rights.

If the inventor who is accomplished in that particular art provides the patent attorney with essential cooperation by providing the essential details pertaining to the invention in the Invention declaration form, it further proves to be a key support to the patent counsel. Patent counsel/agent will file the patent application based on the invention disclosure form. It is the responsibility of the patent counsel/agent to prepare a complete disclosure of the invention. As a result of which the patent attorney will develop the wide-ranging claims possible without becoming an inventor.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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