The basic rule in patent drafting is..

The patent should cover the complete invention which is novel and the person skilled in the art should understand the concept. But, do you think.. if the X company invents something... gives the complete information to the public (along with Y company competitor) for duplication/debug concept and development ?.. So, what the X company does is.. hiding the best mode / enablement inside the list of embodiments, so that, It follows the complete invention disclosure rule and it's best mode can't be easily captured. But, for sure, within the complexity of ambiguous words, you can find it's best mode of operation.

You make your claim simple and precise and attorneys will help you out

The introduction serves 3 purposes: (1) to let the patent office know which set of examiners to send the application to, (2) to tell a story as to how inventive the invention is, i.e. there was this problem, and it couldn't be solved before, and (3) to distinguish over prior art the patent office examiner is certain to find, i.e. A said do B, but it didn't work and B isn't the same as C which is what we do. For the US, the introduction also serves to list and distinguish over every relevant piece of prior art - by putting it in the intro, the attorney makes sure he doesn't forget to draw it to the USPTO examiner's attention (a task he must fulfil). Drafting patents is actually quite straightforward - we just use language in a slightly different way from the inventors in their papers. Julian

Dear Prabhakar,

It is true that many times attorney draft the introduction and description in a very complex manner.  You may have experienced that you may read the complete patent but you may not be able to understand the actual invention.  However, such practice is a attorney specific practice.  We always tried to capture the basic essence of the invention and assist our client to get maximum protection within the reasonable boundaries.  

Now, coming to specific questions on actual disclosure of idea and experiment in the description, a patent is a monopoly right granted to assignee for a period of 20 years.  We should not leave out the commercial angle associated with the patent rights which can arise in next 20 years.  Therefore, it is very important to understand essential and non-essential components of the invention and accordingly, capture and describe primarily the essential elements.  Draft should not exclude the description of the essential components of the invention.  If the draft missed out this section, the patent can always be challenged in the national jurisdiction.  

At times, patent office and courts have interpreted the scope of the claimed invention limited to the introduction (i.e. problem section in background) and description.  Therefore, it opens up a window of design around of your invention for the competitor.

You may come up with many more strategies in drafting which have arisen due to various case laws and to secure maximum protection for the invention.

Hope this answers your question.

Regards,

Ankush