In general terms, an Abstract reflects a concise summary about any particular idea or topic. In this patent industry, it shows a general idea about the invention to facilitate understanding of a user who wants to have a gist about the whole invention without reading the entire document. It enables the examiner to understand the nature about the subject matter disclosed in the invention. When filing a patent application for the USPTO, inclusion of an abstract inside the draft is a compulsion.
The procedure and pre-requisites for creating the abstract part is clearly stated in the 37 CFR 1.72(b) and MPEP section 608.01(b). In case of denying at any point with the given rules, the application will be more likely to face rejection in the examination hall.
The following are the top 4 most-sensitive aspects which must be taken seriously while framing an abstract:
- Start from a fresh sheet: A very basic rule while filing draft is to start from a new page after the claims following the specification part.
- Choose the right words: Proper words must be used to frame the draft with the word limit ranging from 50 to 150 words. Also, try to frame the complete abstract within a single paragraph. Remember the fact whatever you disclose in the abstract, will be used in the future against you in the court of law, so choose the words wisely.
- Avoid legal phraseology: It must not include any legal words that are generally included in the claims section. Try to avoid using terms such as, ‘The disclosure concerns’, ‘means’, or ‘said’, etc.
- Avoid narrative/descriptive terminology: It must not discuss the merits, demits, or comparison with the prior art. It should only concern and revolve around the subject matter of the patent draft.
The following table consists of preferred actions that must be taken depending upon the type of invention disclosed:
|Invention Type||Preferred Content for Abstract|
|Basic nature||Must reflect only its disclosure|
|Improvement of prior-art||Must reflect only its improvement part|
|Chemical Compounds and compositions||Must reflect the making process and its use|
|Machine or apparatus||Must reflect its organization and operation|
|Article of manufacture||Must reflect its making process|
|Mixture||Must reflect its ingredients|
|Process||Must reflect its operation or steps|