In most circumstances, it is advisable to provide drafting instructions well before any deadline, so that the issues can be fully considered. However, at HLK we understand that in certain circumstances it is not possible to spend a long time drafting a patent application for an invention. Perhaps the invention has only come to light just days before a public disclosure, a product launch, or a discussion with a supplier or potential customer.
Often these circumstances lead to ‘rush’ patent applications being filed that simply contain the inventor’s own description of their invention, be that from a slide deck, the content of a technical paper, or an image of a whiteboard. These rush patent applications typically provide very poor basis for broad patent claims in follow-up patent applications filed within the priority year. For patent jurisdictions in Europe and Asia, however, having support for the claims in the priority founding application is often vital.
For situations when filing a rush patent application is unavoidable, at HLK we have considerable experience in drafting patent applications quickly, sometimes within only one or two days. Our aim is to provide applications that can be relied upon for later filings. By looking to provide broad claim language where possible and providing support for this language in the description, we endeavour to provide a strong priority claim for the broadest scope of your invention.
Of course, we do the best we can with the time available. If a priority founding application is drafted quickly, it will likely need alterations before filing as a follow up application – there is no escaping this reality. However, focussed effort at this early stage in the process has proven to be extremely valuable to our clients.
We are proud of the value we can provide in these urgent circumstances and, if we have the capacity and ability to help you in the time available, we will.
If you’d like to find out more information about our urgent drafting service, please contact Olivia Crawford.