Patent Drafting & Filing —
Claims That Hold Up
in Court
A patent is only as strong as its claims. Weak drafting means weak protection — and a granted patent with narrow claims can be designed around by competitors. TaxClue's registered patent agents draft technically precise, strategically broad specifications across all technology areas and file on the Indian Patent Office portal.
Start Patent Drafting
Expert calls within ✅ 30 minutes
What a Complete Patent Specification Contains
A complete patent specification is a legal document of exceptional technical precision. Every section plays a strategic role — from the description that teaches the invention, to the claims that define the monopoly. TaxClue drafts all sections to work together as a coherent legal instrument.
Under the Patents Act, 1970 and the Patents Rules, 2003, a complete specification must include each of these components — drafted to maximise both the breadth and enforceability of protection.
Complete Patent Specification Structure
All 8 Technology Areas Covered
Mechanical
Machines, devices, processes, tooling
Electronics
Circuits, sensors, communication systems
Pharma / Chemical
Compositions, formulations, processes, Sec. 3(d)
Biotechnology
Genes, proteins, diagnostics, cell lines
Software / AI
CII-compliant drafting — technical effect emphasis
Medical Devices
Surgical instruments, diagnostic kits, implants
Agrochemicals
Pesticides, fertilisers, crop protection
Clean Energy
Solar, EV, energy storage, environment
The Claims — Where TaxClue's Drafting Makes the Difference
Claims define exactly what you own. TaxClue drafts independent claims as broad as the prior art allows, with dependent claims that create layers of fallback protection — ensuring that even if a broad claim is challenged, narrower claims survive.
🎯 Independent Claims — The Outer Wall
Broadest statement of the invention — the first line of defence
🛡️ Dependent Claims — Layered Defence
Narrower embodiments that survive if the independent claim falls
⚗️ Special Drafting: Software / AI (CII)
Computer-implemented inventions — Section 3(k) compliant
💊 Special Drafting: Pharma / Biotech
Section 3(d) compliant — efficacy claims handled
From Invention Disclosure to Patent Filing — 6 Steps
Invention Disclosure
Inventor shares technical details under NDA. Patent agent reviews and identifies core inventive concept and claim strategy.
Day 1Prior Art Search
8-database search identifies existing patents. Claim scope strategy developed to navigate around prior art found.
Day 1–7First Draft
Complete specification drafted — description, all claims (independent + dependent), abstract. Sent to inventor for technical review.
Day 7–18Inventor Review
Inventor reviews draft for technical accuracy. Two rounds of revisions included. Finalised specification approved by inventor.
Day 18–25Forms Prepared
Form 1 (Application), Form 2 (Specification), Form 5 (Declaration as to Inventorship), and Statement & Undertaking prepared and signed.
Day 25–28Filed on IPO Portal
Application filed on Indian Patent Office e-filing portal. Application number and filing date received. Publication 18 months from filing.
Day 28–303 Ways to File — India Only, PCT, or Convention
Your filing route determines the countries you can protect in and the timeline for doing so. TaxClue advises on the optimal strategy before any application is filed.
🇮🇳 Ordinary / Indian Application
Protection in India only — fastest route to grant
🌐 PCT / International Application
File once — protect in 150+ countries
🏛️ Convention Application
Claim priority from a foreign filing
💰 Government Fees — Applicant Category Matters
India has 3 applicant categories with significantly different govt. fees. Startups and individuals pay as little as 20% of large entity fees.
| Form / Action | Individual / Startup | Small Entity | Large Entity |
|---|---|---|---|
| Filing (Form 1+2) | ₹1,600 | ₹4,000 | ₹8,000 |
| Exam Request (Form 18) | ₹4,000 | ₹10,000 | ₹20,000 |
| Excess Claims (21+) | ₹160/claim | ₹400/claim | ₹800/claim |
| Excess Pages (30+) | ₹160/page | ₹400/page | ₹800/page |
| Grant Publication | ₹1,000 | ₹2,500 | ₹5,000 |
* E-filing discount: 10% reduction on all fees. Startup certification required for startup rates — TaxClue assists with DPIIT recognition.
❓ Frequently Asked Questions
TaxClue's typical timeline from invention disclosure to filing is 3–5 weeks for a standard mechanical or electronic invention. Complex biotechnology or pharmaceutical inventions requiring sequence listings or efficacy data can take 5–8 weeks. The prior art search (1 week) is conducted simultaneously with initial drafting to ensure claims are shaped around known prior art from the outset. If you need to establish a priority date urgently, we recommend filing a provisional application first (within 2–3 days) and then completing the full specification within the 12-month window.
Yes — with the right drafting strategy. Section 3(k) of the Patents Act excludes "a mathematical or business method or a computer programme per se or algorithms." The critical word is "per se" — a computer-implemented invention (CII) that produces a technical effect beyond the normal physical interactions between the program and the computer on which it runs CAN be patented. TaxClue's CII drafting strategy emphasises the technical character of the invention, anchors claims in hardware, and follows the 2017 Indian Patent Office CII Guidelines. AI inventions with a demonstrable technical problem-solution framework have been successfully granted in India.
A provisional specification establishes your priority date but does not contain claims. It is a description of the invention in its current state of development — filed to "lock in" a date while the invention is still being refined. A complete specification contains the full description, all claims, abstract, and drawings — it is the actual patent application that gets examined. You have 12 months from the provisional filing date to file the complete specification. If you miss the 12-month deadline, the provisional application is deemed abandoned. TaxClue handles both and tracks the 12-month deadline.
After filing, the application is published in the Official Journal of the Patent Office 18 months from the filing/priority date (or earlier if you request early publication on Form 9). Publication makes the invention public. To trigger examination, you must file a Request for Examination (Form 18) within 48 months of filing. The examiner then issues a First Examination Report (FER) — typically raising prior art and formal objections. TaxClue drafts the response to the FER, handles any hearing before the examiner, and prosecutes the application through to grant. Patent term is 20 years from the filing date.
Yes — under Section 6 of the Patents Act, every person who made an inventive contribution to the claimed invention must be named as an inventor. Omitting a true inventor (inventorship fraud) or including a person who did not contribute inventively (false inventorship) are both grounds for revocation of the patent. This is separate from ownership — inventors can assign their rights to a company or employer while still being named as inventors on the patent. TaxClue reviews inventorship carefully and prepares the Form 5 Declaration as to Inventorship for all named inventors.
⚠️ Drafting Mistakes That Weaken Patents
These errors produce patents that cannot be enforced or are easily invalidated:
- Drafting independent claims that are too narrow — incorporating unnecessary limitations, making it easy for competitors to design around
- Insufficient description — if the specification doesn't fully enable a person skilled in the art to reproduce the invention, claims can be revoked
- No dependent claims — if the sole independent claim is challenged, there is no fallback protection
- Inconsistent terminology — using different words for the same element across claims and description creates ambiguity exploited in litigation
- Omitting alternative embodiments — competitors design a variant not described; without it in the specification, it cannot be added later
- Software patents drafted as pure method claims — without hardware anchoring, likely rejected under Section 3(k)
- Pharma claims that fall squarely within Section 3(d) without efficacy data support in the specification
Complete Patent Services by TaxClue
Prior Art Search
Know what exists before you file. 8-database search + patentability opinion.
Learn More →Provisional Patent Filing
Lock in your priority date today while refining the invention.
Learn More →Complete Specification
Convert your provisional into a complete spec — within 12 months.
Learn More →Patent Drafting That Protects — Not Just Grants
A patent grant means nothing if the claims are too narrow to enforce. TaxClue's registered patent agents draft strategically broad specifications with layered claim protection — across all technology areas, for India, PCT, and convention filings.
🔒 Confidential · NDA on Request · 4.9★ · Registered Patent Agents · Claims-First Strategy