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The way a patent specification is drafted determines the strength of the protection you eventually get. Our team at Brealant drafts claims and descriptions calibrated to IP Australia's requirements, so your application is positioned to survive examination and enforcement.
Legal Definition of Patent Drafting
Drafting is the preparation of the specification — claims, description, abstract, and drawings — that defines the scope of protection sought under the Patents Act 1990.
Can't Add New Matter Later
Once filed, claims generally can't be broadened to cover subject matter not originally disclosed.
Doesn't Guarantee Acceptance
Even a well-drafted specification can still face examination objections, which are addressed separately.
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Contact
Discuss your invention and drafting needs with a Brealant patent attorney.
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Search
We review any prior search results and the closest prior art to inform claim strategy.
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Quote
Receive a fixed-fee quote based on the invention's technical complexity.
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Pay
Proceed with secure payment for the drafting service.
File
We prepare the full specification, claims, and drawings for your review.
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Wait
You review the draft for technical accuracy before it's finalised.
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Response
We finalise the specification, ready for filing with IP Australia.
In Australia, a patent specification must clearly describe the invention and support claims that define the scope of protection sought. Working closely with your technical team through each drafting stage is the clearest way to make sure the specification accurately captures what's genuinely novel.
Poorly drafted claims can be too narrow to be commercially useful, or too broad to survive examination or later challenge. Brealant's drafting process is built to safeguard commercially meaningful protection from the outset.
Careful drafting is essential, but it has limits
Can't Create Novelty
Drafting can't make a genuinely non-novel invention patentable — that depends on the invention itself.
Can't Add New Matter Later
Once filed, claims generally can't be broadened to cover subject matter not originally disclosed.
Doesn't Guarantee Acceptance
Even a well-drafted specification can still face examination objections, which are addressed separately.
Requires Technical Accuracy
Drafting quality depends on accurate, complete technical input from the inventor or technical team.
Jurisdiction-Specific Nuance
Claims optimised for Australia may need adaptation for filing in other countries.
Brealant works closely with your team throughout drafting to minimise these risks.
A well-drafted specification protects
Claim Breadth
The broadest defensible scope of protection for your invention.
Fallback Positions
Narrower claims held in reserve if the broadest claims are challenged during examination.
Disclosure Sufficiency
A description detailed enough to support the claims and withstand challenge.
Commercial Relevance
Protection that actually covers how the invention will be made, used, or sold.
Brealant's attorneys balance these factors to give your application the strongest possible foundation.
Drafting typically follows these stages
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Technical Briefing
We discuss the invention in depth with your inventors or technical team.
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Claim Strategy
We identify the broadest defensible claims alongside fallback positions.
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Drafting
We prepare the full specification, claims, and drawings.
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Review & Finalisation
You review the draft, and we finalise it ready for filing.
A complete patent specification typically takes 2 to 4 weeks to draft, depending on technical complexity and how quickly technical input is available.
Drafting is a professional service, separate from government filing fees
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Quoted as a fixed professional fee based on the complexity of the invention and the number of claims required.
Quoted as a fixed professional fee based on the complexity of the invention and the number of claims required.
Brealant quotes drafting fees upfront once we understand your invention's complexity.
Once your specification is finalised, Brealant moves directly into filing and, where relevant, requesting examination, so your protection strategy continues seamlessly from drafting through to grant.
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You can, but patent specifications are technical legal documents, and poorly drafted claims are a common reason for weak or unenforceable protection.
Yes, we draft specifications for provisional filings, to secure a priority date, and complete/standard applications.
We can draft with international filing, including PCT, in mind, though claims are often adapted for each jurisdiction's specific requirements.
Technical input from you or your inventors is essential — we work closely with your team to make sure the specification accurately captures the invention.
A complete specification typically takes 2 to 4 weeks, depending on the technical complexity of the invention.
Drafting fees depend on the invention's technical complexity — Brealant provides a fixed quote once we understand the scope of the invention.
Yes, we draft and file divisional applications, which carve out additional claims from a parent application while it's still pending.
No, a provisional application doesn't require formal claims, but it must describe the invention in enough detail to support claims filed later in the complete application.
The underlying specification can generally be filed via PCT or directly overseas, though claims are often refined for each jurisdiction's requirements during national phase entry.
Genuinely new subject matter can't simply be added to the existing provisional — significant changes are usually addressed by filing a further provisional or including the new matter in the complete application, with priority assessed accordingly.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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