Broadly speaking, a patent application comprises an Abstract, the Patent Specification and the Claims. In this article, we provide some basic background on these component parts, along with more specific detail relating to UAE practice for patent applications.
The Abstract
In basic terms, the Abstract is a summary of the invention, intended to allow the reader to understand the general nature of the technical disclosure without needing to consider all the patent documents. The abstract describes the invention and the problem the invention addresses, and explains how the invention can be used in terms that would readily be understood by those familiar with the technical field. In the UAE, there is no strict word limit with which an abstract must comply, although an abstract of about 200 words is generally expected.
According to UAE practice, the Abstract must commence on a separate sheet, under the heading "Abstract". If the patent contains drawings, then UAE practice requires that at least one drawing accompanies the Abstract. The Abstract usually follows the claims of the patent, although this is not a formal requirement in the UAE.
The Patent Specification
The Patent Specification, also known as the Disclosure or the Description, is the part where the inventor specifies his or her novel product or process, and how that product or process differs from any prior art. The Patent Specification contains a description of the invention, along with a description of the manner and process of making and using the invention, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which the invention pertains to make and use the same. Some patent offices require that the inventor discloses his or her "best mode" for carrying out the invention, although this is not a mandatory requirement in the UAE.
The Patent Specification will include information set out under a number of headings. These headings vary, depending on the requirements of the country in which the patent originated. The headings of the UAE patent specification are typically as follows:
Title of invention
Technical field
Background art
Disclosure of invention
Brief description of drawings
Best mode(s) for carrying out the invention
Industrial applicability
The Claims
The Claims of a patent define the scope of the legal monopoly that the applicant is claiming. Unlike some other countries, in the UAE a valid patent application must include one claim. It is not possible to file a 'provisional' application without any claims, and then file the claims at a later date claiming the priority date of the provisional application.
Any claim must be fully supported by the Patent Specification. This means that the information disclosed in the Patent Specification must be broad enough to encompass the legal monopoly the applicant seeks. It is not acceptable to claim an invention that is broader than the scope of the invention as described in the Patent Specification.
Each claim should be a single coherent sentence, although within a claim there may be several separate elements or steps. A claim has three distinct parts: the preamble, the transitional member, and the main body of the claim. The preamble is an introductory phrase which identifies the area of technology to which the invention relates. The "transitional member" means words such as "comprising," "consisting" or "including", which establish the relationship between the preamble and the main body of the claim. The main body of a claim contains the elements the inventor lists as his property.
There are two types of claims: an independent claim, and a dependent claim. An independent claim does not refer to or rely upon any other claims in the Patent Specification. In contrast, a dependent claim refers to and relies upon another claim (either an independent claim or a dependent claim).
The following provides a simplified example of an independent claim (containing the preamble, the transitional member, and the main body of the claim) and a dependent claim (which relies on the earlier independent claim):
Claim 1: An apparatus for transportation, comprising a cabin component, three wheels, two wings and a tail.
Claim 2: An apparatus for transportation as described in claim 1, wherein the tail is composed of rubber.
Format
Each country has its own formalities with regard to practical aspects such as font, font size, quality and size of paper and electronic data format for electronic filings. In the UAE, applicants should use flexible, strong, white, smooth, non-shiny sheets, in size of A4 (29.7 cm - 21 cm). Only one side of the sheet may be used. The margins of the sheets should be 2 cm. All sheets should be numbered in consecutive Arabic numerals in the middle top of the sheet, starting with 1. Drawing sheets must be numbered in basically the same manner, although numbers must be used in brackets to indicate the number of drawing sheets e.g. (1/3), (2/3) and (3/3). The actual drawings must also be numbered, independent of the numbering of the sheets. Drawings should be vertical in the sheet and clear from any description.
The electronic data must also be submitted to the patent office on a CD which contains an 'ID sheet' in MS Excel spreadsheet format, along with a folder. The folder must contain the application form, as well as Arabic and English versions of the specification, the abstract, the claims and the drawings. The documents contained in the folder must all be in PDF or TIF format. Legal documents (such as priority documents, powers of Attorney, certificates of incorporation and assignment documents) may be submitted at this time in soft copy format, along with the originals in hard copy, although it is also possible to submit the originals in hard copy format only up to 90 days later.
By Bassam Al Azzeh - Dubai Office
© Al Tamimi & Company 2009
