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The third step to patenting an invention is patent application writing. Patent application writing is the research, writing, editing of the specification, claims, and drawings (figures) necessary to apply for a patent. The written description must provide a complete explanation of how to make and use the invention as claimed. Given these points, close attention to content and proper form is essential. The initial submittal must be complete. You cannot add any new matter later unless you file a new or continuation in part application.
Our USPTO registered patent attorney recommends you hire help with patent application writing from licensed patent practitioner. Complete research and good writing before filing makes all the difference, and it can really save time and money during patent prosecution (step 5). Read about how to write a patent application.
Inventor Tip: Proper searching before patent application writing is essential to proper patent specification writing. Specifically, searching guides good claim writing by finding existing similar claims. As a result, well written claims improve the protection the patent provides.
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Patent Application Writing Details
Patent application writing is step three. Writing the application includes filling out all the right forms. Writing, however, is mostly focused on two coordinated parts. First, writing the claims and specification. And, second, creating any patent drawings needed for the invention. If we are writing the application for your invention, we will fill out all the forms, write the claims, arrange for any needed drawings or flowcharts, write the specification, and write the abstract.
When writing a patent, the written description must provide a complete explanation of how to make and use the invention as claimed. In addition, close attention to content and proper form is essential. Above all, the initial submittal must be complete. You cannot add any new matter later unless you file a new or continuation in part application.
We provide any needed drawings and flowcharts as part of our application writing service. Check out some examples of issued patents on our utility patent examples and design patent examples pages.
Utility Inventions – Writing Provisional Patent Applications or Non-Provisional Applications
Provisional patent applications (PPA) are only placeholders for later filed non-provisional patent applications. A PPA application can cost less to write because there are no claims, and the filing fee is small. However, PPA’s are not generally recommended unless there is urgency to be first to file, or a compelling business reason to have 12 months to finalize claims. Writing a non-provisional is recommended to ensure the first specification submitted for your invention has complete and proper support for the claims to avoid potential new matter issues affecting the filing date.
When writing a non-provisional patent application for a new utility invention, a complete and proper specification includes at least these ten sections: 1) Title of the Application; 2) Cross-Reference to Related Applications; 3) Background of the Invention – Technical Field; 4) Background of the Invention – Background Art; 5) Summary of the Invention; 6) Brief Description of the Drawings; 7) Detailed Description of the Invention; 8) Claims; 9) Abstract; and 10) Drawings.
We do all the writing, and arrange the drawings (figures) for your inventions patent application. While there are no limits on the number of claims or pages that can be submitted in a patent application, the filing fee only includes up to three independent claims, and not more than twenty claims total. And, there cannot be multiple dependent claims.
Design Inventions – Writing Non-Provisional Patent Applications Only
Design patent applications are simpler (and less expensive) than a utility or plant patent application. Unlike utility patent applications, design patent applications have only one claim, very brief descriptions, and usually only six or seven figures (drawings). The writing of a specification for design patent application consists three things:
- First, one claim (for the ornamental design);
- Second, a brief description of the drawings;
- And, third a description of the nature and intended use.
Some Notes About Patent Drawings (Figures) for Design Patent Applications
During patent writing, often some figures are needed. Design patent applications should typically include the usual six orthogonal views (top, bottom, left, right, front, and back). Additionally, frequently, a seventh view of the design in perspective view is needed. Drawings and flowcharts require proper labeling and numbering for clarity of reference and completeness of disclosure in the description of the application’s specification. Drawings not prepared with patent application filing in mind may need to be edited to include proper referencing and labeling prior to filing. Moreover, these documents must be compliant with the submittal requirements of the patent office.
Plant Inventions – Non-Provisional Applications Only
The written description of a plant patent application typically contains at least a description of the plant, its characteristics and habitat, as well as reference to similar plants. The required elements of a complete and proper plant patent application are the following:
- (1) Plant application transmittal form
- (2) Fee transmittal form
- (3) Application data sheet
- (4) Specification
- (5) Drawings (in duplicate)
- (6) The inventor’s oath or declaration
Inventor Tip: Once an application is submitted, you cannot add any “new matter” to it. You must file a new application or a continuation in part (CIP) if you need to add any drawings or description to support your claims after your initial filing.
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Licensed Patent Application Writing Attorney Available Online
Check out our article and print or save the page to create a how to write a patent application pdf. We offer professional patent application writing by a USPTO registered patent attorney (including any needed drawings), starting at $2400.
Invention confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.
Important Tip: When looking for patent help only a USPTO licensed patent attorney or patent agent can prosecute patents for you.
