*5.2.7 How to make*

The specification must describe the invention in detail so that a person skilled in the art can be able to make the invention as it is claimed.

#### *5.2.8 How to use*

The claimed invention must have an industrial applicability (utility) and should not be obvious to the skilled reader.

## *5.2.9 Best mode*

The applicant should describe and disclose their invention in a best possible method in the patent specification.

They can disclose the invention as follows:


Each and every aspect of invention must have clarity and be specific to the invention.

## *5.2.10 Claims*

Claim or claims are defined as the exclusive rights (monopoly or protection) for their invention.

General rules in the interpretation of claims:


## *5.2.11 Function of claims*

Among the different claims in an invention, at least one claim should define the subject matter for which protection is sought. For that reason a patent drafter must draft the claim in such a way that the competitor should not get scope for infringing the invention by interpreting in such a way beneficial to him/her. The claims of a patent have to be supported by the description, and also the claims do not stand alone.

Description must be the precursor for claims which will be drafted on the basis of earlier study on prior art which will be cited during prosecution.

#### *5.2.12 Claim categories*

All claims fall into one of two broad categories. The claims are either product (something tangible such as a mechanical device, a machine, an electronic circuit, a chemical compound, or a formulation) or process (a method of making, using, or testing something).

#### *5.2.13 Independent and dependent claims*

Claims can either be independent or dependent. Independent claim may refer back to the earlier claim. A dependent claim, however, includes all the limitations of that claim and adds much more limitations.

#### *5.2.14 Form of claims*

Claims must be precise, definite, and explicit for the skilled reader. Words like "for example" or "preferably" should not be incorporated in the claims; also avoid the internal codes or trademarks or names.

#### *5.2.15 Length of text*

In general, the patent specification in the patent application should be kept as short as possible with sufficient disclosure of the invention in all aspects [11–23].

**9**

**Author details**

Sakthivel Lakshmana Prabu1

Kizhattoor, Kerala, India

\* and Suriyaprakash TNK2

1 Department of Pharmaceutical Technology, University College of Engineering

IPR has an important role in the creation of technology and protection of ideas, innovation, and designs. In developing countries this IPR has a potential significance in protecting their investment; also it can help to achieve the desired technological advancement and economical level in the competitive world. IPR can assist the technology transfer of the invention through licensing and encouraging the further development of the invention with joint ventures. The specification in the patent application is a key element and has important role in the granting of patent for a particular invention. In the patent application, the patentee should fully disclose their invention in the section for what they expect for the exclusive rights. Claim or claims in the specification of the patent application are statements describing in a best possible method of the invention. Hence, drafting of patent specification has been considered as the heart and soul of any patent. It has an important role in protecting the invention from any infringement by the competitors. If any argument arises regarding the validity or infringement of patent, the scope of the invention will be verified based on the specification. While drafting the claims in the specification of the patent application, all possible equivalent variations are needed to be considered to safeguard the invention from infringement. Also the claims should be described legally in a defi¬nite, precise, and clear manner so that a

2 Department of Pharmaceutics, Al Shifa College of Pharmacy, Poonthavanam,

© 2020 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

(BIT Campus), Anna University, Tiruchirappalli, Tamil Nadu, India

competitor should not get scope to infringe upon the invention.

\*Address all correspondence to: slaxmanvel@gmail.com

provided the original work is properly cited.

*Prologue One: Drafting of Patent Specification DOI: http://dx.doi.org/10.5772/intechopen.86467*

**6. Conclusion**
