Writing a Patent Draft – The Major Requirements


It is not a cake-walk writing a patent. If you are a first-time applicant, you need to learn precisely how to draft a patent. Moreover, it is advisable to take the assistance of professional services. There are multiple requirements of USPTO to meet at the time of patent filing. Also, you need to meet those requirements strictly in order to receive a patent grant.

Here, we are going to discuss those requirements in detail so that you don’t miss any of them.

 Writing a Patent Application – Provisional and Complete Applications

According to 35 U.S.C. 111, a patent application under the provision on or after December 18 is:

A written application by the inventor or otherwise by an attorney, submitted to the Director.

Broadly the contents comprise of:

  • Specification: it comprises the whole of your invention details.
  • Drawing(s) (if any): drawings/illustrations give a visible tour to your invention. You need to follow USPTO guidelines describing the dos and don’ts of patent drawings important for your patent draft.
  • An Oath or Declaration: an oath or affirmation made before any person within the United States authorized by law to administer oaths. An oath made in a foreign country made in accordance with 37 CFR 1.66.
  • Patent application fee: the USPTO charges patent filing, search, and examination fees. The fee amount for different proceedings is different. An applicant needs to pay extra charges in case of any additional proceedings like office action(s), if any.
  • Claim(s): they describe the novelty of your invention, in the form of statements. You get a patent grant for this part of your invention. Therefore, they are the most crucial while writing a patent draft.
  • Patent application transmittal letter: filed with the application form. It identifies the items being filed i.e. the specifications, claims, drawings, declarations, etc.
  • Datasheet of the patent application: any domestic or foreign priority claim made maintained in the application data sheet. In order to update previously filed ADS, you need to file another ad with corrected information.
  • Statement Regarding Federally Sponsored Research or Development (if Applicable): this section should contain a statement as to rights to inventions made under federally sponsored research and development (if any).
  • Reference to Sequence Listing, a Table, or a Computer Program Listing Compact Disc Appendix (if Applicable): Refer any material submitted separately on a compact disc in the specification. The only materials accepted on compact disc are computer program listings, gene sequence listings, and tables of information.

The filing date is the date on which an applicant submits the specifications, with or without claims to the USPTO. You can submit the oath or declaration, fee, and 1 or more claims after submitting the specifications. For this, you need to pay a surcharge, an amount prescribed by the director.

These are the elements that are present in general in a patent application. Now let’s specifically discuss the provisional and complete patent application.

A Provisional Application is an incomplete application, which is basically devoid of the claims. This application sets a priority date for the complete application.

Crucial Elements of a Patent Draft

A Patent draft comprises many crucial elements. You can’t skip even a single of these elements to receive a patent grant for your invention. Make sure you meet all the USPTO requirements while writing a patent draft and before filing the same.

Here, we will discuss the specification part in detail as it is the whole-soul of the draft. It has the following elements in it:

  • Title: while writing a patent the title explains what the invention does. It is clear and concise within 500 characters range.
  • Applicant(s) Information: Name, Nationality, and Address of the applicant, in that order.
  • Invention background: it contains the description and drawings of the related field of invention. This helps the USPTO to identify the subject matter and forwards the application to that specific unit or examining group.
  • The written description: it describes the invention and the manner or process of making and using it. The language is clear and concise so that a person knowledgeable of that domain can make and use the same.
  • Description of Related Art: this portion describes what prior technology problem this invention ought to solve. Therefore, in this portion, the applicant needs to put forth already published applications and prior art Moreover, mention only that information which is common between the prior art and the current invention. Hence, the description is kept concise.
  • Claims: they define the scope of the invention. In essence, you get patent protection for whatever you mention in the claim section. It is an innovative or novel part of the invention. Therefore, be very precise and clear while delivering the claims. Also, the claims can vary i.e. there can be independent claims, Jepson claims, Omnibus claims and multiple dependent claims depending upon the invention. Claims comprise Preamble which recites the invention’s name and use. Secondly, the transition, it connects the preamble and the body. Finally, the body which comprises the claimed elements of the invention. Precise drafting of claims is of paramount importance. Do visit- “How to Draft Accurate Patent Claims” to learn the same.
  • Abstract/Summary: conclude the specification part with a summary or abstract of the invention. It is a single paragraph with 150 words providing a narrative of the invention. It gives a brief on the overall invention like a narrative of a play.

Note: Always write the application in English Language and do the numbering in Arabic numerals.

Tricks and Hacks for Writing a Patent Draft

Out of 100 patent applications filed only 60 of them gets through the process of prosecution. Hence, your application should immediately grab the attention of the examiner in a positive way.

You need to take care of a few things while writing a patent draft. These include:

  • Clarity of description: always portray the invention in a very clear and easy to understand manner. Don’t use too complicated vocabulary. But do use technical words wherever necessary. Write it in such a way, that a person knowledgeable of the domain of the invention easily understands what the invention purports to explain.
  • Usage of the Invention: do mention the potential application your invention has utilization for.
  • Terminology: use precise terms related to your invention. No ambiguous or vague expressions should include in the description. Do take advice or professional help in case of any kind of doubt. Do not hesitate!

Professional Patent Drafters at Patent Drafting Catalyst

By meeting multiple USPTO specifications, in their particular order and considering too many dos and don’ts one prepares a patent draft. Writing a patent draft surely is not a cakewalk. In case if you think there is a need for professional help, we are here at your service.

We, at The Patent Drafting Catalyst, provide unparalleled patent drafting services across the world. With 100+ experienced professionals and highly efficient team force, you get up to the mark patent drafts delivered within time. For us customer satisfaction is of paramount importance, hence we make no compromise on the quality of our results. You can fetch patent drafting, office action support, patent drawing, paralegal support, and prior art search services with just a click.

Other Related Articles:

What is The Role of an Intellectual Property Paralegal?

Design Patent Drawing Requirement – Important Points to follow

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