People come up with amazing inventions – highly purposeful, commercial with a dream of getting it patented. But, what becomes important at this stage is to write a patent application. The patent filing requirements of USPTO and other patent offices are quite particular. Hence, it is prudent to write a patent that is precise, complete and supported. These 3 factors are the determinant of patent quality. Therefore, acquiring the skill of writing a patent application becomes mandatory for new attorneys and applicant before submitting a patent application.
Since patent grant takes quite a long time, it is better to make quick and precise moves at your end. Therefore, any serious inventor should acquire this skill with practice or take help of an experienced patent application drafting professionals. Any which ways, the goal is to write a patent application that appropriately describes the invention (35 U.S.C. 112(a)).
taking professional services for Patent filing in India and other countries can prove to be beneficial.
Write a Patent Application– from Tip to Toe
When it comes to writing a patent application, you cannot miss a thing. It might seem quite a straightforward task, but it is not so. A simple description of the invention cannot pass the prosecution test at the patent office. With a patent application come prescribed formats and requirements of the patent office of the required jurisdiction. Indeed, it is impossible to count those requirements on fingers and missing even a single of them would become an obstacle.
Here follow the most important parts of the patent application and the discussion about what each section needs to include.
Title of the Invention:
The title is present at the top of the specifications. It gives a clear glimpse of the invention to the reader. Hence, the title should:
- Sufficiently indicate the subject-matter of the invention. Moreover, it declares the specific features of the invention.
- Keep the title crisp and precise and not more than a word length of 15 words.
- Do not include fancy words to the title that creates ambiguity.
- Do not include:
- Words such a “new”, “improved”, or “improvement” in the title. These words will ultimately be omitted by the USPTO.
- Inventor’s name.
- The word “Patent”.
- Abbreviations such as “etc.”
- Fancy words such as “Best article”.
- Articles “a”, “an” or “the” for starting the title.
The preamble of the Description:
There is a certain language of starting preamble of the patent application. In the case of provisional application, it starts with – “The following specification describes the invention.”
For non-provisional application, it is – “The following specification particularly describes the invention and the manner in which it is to be performed.”
Field of Invention:
This section purports to describe the scope of the invention and gives a brief description of the technology area to which it belongs.
- The preferable beginning of the field of the invention is – “the invention relates to..”
- Do not go into the details of the invention rather just give a general idea of the technology or area to which the invention belongs.
- Also, do not use any language that might limit the scope of patent protection. Consider this point specifically while writing claims.
Background of the Invention (state-of-the-art):
When you are to write a patent application, the background of the invention plays a primary role. The purpose is to provide information about the existing problems that the current invention purports to solve. Hence, in this section include the information related to the closest prior art- identifying journals, publications, and experiments and pending patent applications.
Do not give specific, in-depth information related to the prior art, rather give a generic view of the same. Avoid the following for better results:
- First of all, avoid using the term “prior art” while describing the state-of-the-art or anywhere in the patent specification.
- Do not include the word “invention” in the title of prior art or state-of-the-art. For example title – “State of the art of the invention” is not permissible.
- Prior art only highlights the problem that the invention solves. Therefore, do not give a complete solution to the identified problem in this section. Rather save it for writing it in the “objective of the invention”.
- Prior art, in any manner, should not delimit the scope of the invention.
This section brings about the necessity of the invention. In other words, it talks about the aim(s) of the invention.
Here, highlight the solutions that the current invention brings about to solve the problems of the related prior art.
This section is about highlighting the advantages of the invention, giving a clear emphasis on the main objective by repeating it from time to time.
Also, the objective should broaden the scope of the invention, hence, use statements such as “Objects of the invention are not limited to the specific features or acts described in the description and drawings”.
Do not introduce words that might create ambiguity, rather maintain consistency with precise words and phrases throughout the specifications.
Summary: summary or statement of the invention describes the actual implementation of the invention. The goal here is to provide an accurate, readable and informative concise description of the invention. Hence, consider writing it a non-legal language which is understandable to everyone.
Brief description of drawings:
This section is all about giving an overview of the drawings with the help of single sentences or paragraphs. Brief description for drawings can come in 2 formats:
Example 1: “Figure 1 is the top view of a table”
Example 2: “Figure 1 is a perspective view of a table..”
Proper orientation is important as it clearly defines the invention from different viewpoints.
Important points for a brief description:
- State it in 1 to 3 lines
- Use consistent terms such as – “Fig. A”, “Figure A” or “FIG. A”.
- Put semicolon (;) after a brief description of every figure. Put “and” after semicolon of second last figure. Lastly, use full stop (.) after the brief description of the last figure.
Invention’s detailed description:
The detailed description talks about the best mode requirement of the invention. That is the best method of making use of the invention. Furthermore, it is a detailed disclosure of the best method of performing the invention.
Be precise and avoid any irrelevant information.
Claims define whatever you seek patent protection for. In other words, claims define the legal scope of the invention. Therefore, it is important for your claims to:
- Define the subject-matter for which you seek patent protection.
- Support the subject-matter with a clear and concise description.
Note: be aware of the fact that claims define technicality and not the commercial advantages of the invention. Also, try to keep the scope of claims as broad as possible.
Related Article: All you must know on Antecedent Basis
Abstract gives the description of the invention that is in consistence with the broadest claim. Your abstract should suffice in 150 words and should start from a fresh page. An abstract includes:
- The technical fields of the invention;
- The technical problem to which it relates;
- The solution to the problem; and
- Principle use(s) of the invention.
Write a Patent with Patent Drafting Catalyst
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