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The third step to patenting an invention is patent application writing. Patent application writing entails conducting research and drafting the necessary specifications, claims, and drawings (figures) to apply for a patent. The written description in the patent application must provide a complete explanation of how to make and use the invention as claimed. It is important to pay close attention to both content and proper form. The initial submittal must be complete. You cannot add any new information (new matter) after filing the patent application unless you file a new application or a continuation-in-part (CIP) application.

Our USPTO registered patent attorney recommends seeking help with patent application writing from a licensed patent practitioner. Conducting comprehensive research and producing a high quality written description before filing the application makes all the difference, and can even save time and money during patent prosecution (step 5).

Inventor Tip: Conducting a proper search before writing a patent application is essential for proper application writing. This is because good searching leads to finding the most relevant and similar existing claims, which guides good claim writing. As a result, well written claims improve the protection the patent provides.

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Patent Application Writing Details for 3 Kinds of Patents

Patent application writing is step three of the patenting process. Writing the application involves filling out all the right forms. Writing the content of the application mostly consists of two coordinated parts. The first part is writing the claims and specification. The second part is creating any patent drawings needed for the invention.

When writing a patent application, the written description must provide a complete explanation of how to make and use the invention as claimed. It is essential to pay close attention to content and proper form when writing the application, ensuring that the initial submittal is complete. This is because you cannot add any new matter after filing the application unless you file a new or continuation-in-part (CIP) application.

When we at Carson Patents write an application for an invention, we fill out all the forms, write the claims, write the specification, and write the abstract. We also provide any necessary drawings and flowcharts as part of our application writing service. Check out some examples of issued patents, including drawings, on our utility patent examples and design patent examples pages.

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Utility Inventions – Provisional Patent Applications or Non-Provisional Applications

To patent your utility invention, you can file a provisional patent application (PPA) or non-provisional application. Provisional patent applications are only placeholders for non-provisional patent applications that are filed later. A provisional includes a specification describing how to make and use a new invention as well as any necessary drawings.

A PPA application can cost less to write because it does not include claims and the filing fee is relatively low. However, PPAs are generally not recommended unless there is urgency to be the first to file or there is a compelling business reason to have 12 months to finalize claims. In most cases, writing a non-provisional is recommended to ensure the first specification submitted for your invention has complete and proper support for the claims. This helps prevent any potential new matter issues from affecting the filing date.

When writing a non-provisional patent application for a new utility invention, a complete and proper specification should include, at the very least, the following 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
  10. Drawings
Patent Attorney Help with Utility Patent Applications

When we at Carson Patents prepare a non-provisional patent application for your utility invention, we handle all of the written content and arrange for the drawings (figures) that are needed for the 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 no more than twenty claims in total. Additionally, there cannot be multiple dependent claims. Read more about patent claims.

Design Inventions – Non-Provisional Patent Applications Only

Design patent applications are simpler (and less expensive) than a utility patent or plant patent application. Unlike utility patent applications, design patent applications include only one claim, very brief descriptions, and usually only six or seven figures (drawings). The written content of a specification for a design patent application consists of three things:

  1. One claim (for the ornamental design)
  2. A brief description of the drawings
  3. A description of the nature and intended use of the design invention
Patent Attorney Help with Design Patent Applications

Note About Patent Drawings (Figures) for Design Patent Applications

Some figures are often required when writing a patent application. Design patent applications should typically include the usual six orthogonal views (top, bottom, left, right, front, and back) of the invention. A seventh view of the design in perspective view is also frequently needed. Note that drawings and flowcharts require proper labeling and numbering. This is to ensure that references are clear and that the disclosure in the description of the specification is complete.

Drawings that were not prepared with patent application filing in mind may need to be edited to include proper referencing and labeling before the application is filed. Moreover, these documents must be compliant with the submittal requirements of the patent office. Read more about what to expect in the design application process.

Plant Inventions – Non-Provisional Patent Applications Only

The written description of a plant patent application typically contains at least a description of the plant, its characteristics and habitat, and references 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

Read more about intellectual property protection optionss for plants in our article “Can You Patent a Plant?

Patent Attorney Help with Plant Patent Applications

Inventor Tip: Once an application is submitted, you cannot add any new information or “new matter” to it. You must file a new application or a continuation-in-part (CIP) application if you need to add any drawings or description to support your claims after your initial application.

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Licensed Patent Application Writing Attorney Available Online

To increase the likelihood of a successful patent application for your invention, it is important to file a thorough, properly-formatted application that is both detailed and nuanced. To learn more about patent application writing, check out our article on how to write a patent application.

Carson Patents offers professional patent application writing by a USPTO registered patent attorney (including any needed drawings) starting at $2400. Contact us for a free consultation if you are seeking a professional patent application for your new invention.

Note our policy on invention confidentiality. Invention disclosures to patent practitioners are covered by client controlled privilege.

Important Tip: When looking for patent help, keep in mind that only a USPTO licensed patent attorney or patent agent can prosecute patents for you.

Patent Attorney Writing the Patent Application