A patent writer is a USPTO registered patent agent or patent attorney who writes up a patent application for an inventor looking to file their invention for a patent. This phase of the patent application process is patent application writing. Patent application writing not only includes the writing of the specification, claims, and abstract, but also includes creating any needed drawings or flowcharts, and filling out all the proper forms needed for the process.

What are Patent Writers Used For?

It is important for a patent writer to completely understand the elements of the invention. If successful, patent applications result in new legal rights being issued in the form of a patent. These new legal rights are intellectual property rights used to control the manufacturing, using, and selling of the protected invention or product. Patents are written so a person skilled in the art of the invention can make and use the invention. The patent application writing process often includes technical language that a patent writer likely has familiarity with. Check out our patent dos and don’ts.

Patent Writer Experience

You should only use a licensed patent practitioner as a patent writer. A patent practitioner has passed an exam in order to receive their license to practice before the United States Patent and Trademark Office (USPTO). Patent attorney and patent agent qualification typically requires the individual to have an engineering degree or an advanced degree in a specialized area such as biology or chemistry to begin the patent agent career path. With this kind of experience, licensed patent practitioners offer familiarity with technicalities needed to understand all of the moving parts of writing patent applications for new inventions. 

What Does a Patent Writer Put in a Patent Application?

Patent application writing contains all of the research and writing to completely describe how to make and use the invention, including the specification, claims, abstract, and drawings. This written description should yield a concise and comprehensive explanation of how to make and use all elements of the invention according to the inventor. This description should be written in the exact terms someone skilled in the invention’s field (also known as the “art” of the invention) would understand. This way, the invention can be properly used or made as claimed. 

Patent applications typically include an abstract of the patent, one or more claims, background information, detailed drawings and descriptions, and all necessary information needed to produce the invention as claimed. The USPTO defines 3 patent application kinds: design, utility, and plant patents. For utility and plant patent applications, the USPTO also recognizes two different types of patent applications: provisional and non-provisional (also known as “complete” or “regular”) applications. 

Provisional and Non Provisional Applications

It is important to note that provisional patent applications do not require claims to be included and are not examined or reviewed by the USPTO. Provisional patent applications are for inventors who want to patent and have all the basics for their invention but need or want to get a filing date without a complete application. This occasionally happens when the inventor believes they will make improvements with time.

In contrast, a complete patent application is filed once an inventor feels their invention is completely reduced to practice and can identify all of the elements of the claims. Claims define the scope of patent protection the inventor is seeking for their invention. In other words, claims outline what others cannot do without infringing on the inventor’s patent. Claims are required in non-provisional patent applications. Filing a complete non-provisional patent application with claims is the only way to get an examination of a patent application.

In a provisional patent application, applicants have lower fees and minimal paper work. Applicants receive a 12 month pendency period where they are given time to complete and perfect the invention within the given time. However, if a non-provisional application is not submitted before the end of the 12 months, the application is voided and abandoned.

If applying for this type of patent, a formal patent claim, oath or declaration, or any prior art information do not have to be included in the application. However, the cover sheet should be comprised of the application for the patent, all inventor names and residences, the title of the invention, correspondence address, and any U.S. government agency that has a property interest in the application. If applicable, the name and registration of the attorney or agent and their docket number should also be included.

Important note: provisional applications cannot be filed for design patents.

Complete or non-provisional patent applications are more expensive and time consuming as it requires more time and writing to accurately include all necessary elements in the claims. It includes many more guidelines to follow as well because all the formalities must be properly addressed and completed.

Oath or Declaration

An oath or declaration is a form included in the non provisional patent application process. The patent applicant must make an oath or declaration stating they are the creator of the invention. In other words, the applicant is declaring to be the first and original inventor of the invention or product at hand. This is done to ensure the inventor believes they are the original creator of the subject matter of the patent application. 

Not only does the written description of patent applications have to contain the specifications and details, it also must incorporate any drawings, figures, or flowcharts needed to understand the invention. Patent drawings are typically simple line drawings that lay out the invention’s elements. Often the drawings will also reveal how the invention is used in a clearer manner than the written specifications.

There are more to patent applications than the specifications, claims, and drawings of an invention. There are forms that must be filled out correctly. If completed incorrectly, improper forms result in more time and money being spent to rectify the mistakes.

Why Do You Need a Patent Writer?

Having a patent application writer can make all the difference. A USPTO patent agent or patent attorney completing the research along with comprehensively writing the application before filing can save the inventor a lot of time and money during patent prosecution. Patent prosecution is the last step in seeking patent protection for your invention, and it occurs after an invention is patent pending. For the most successful outcome to occur, filing a concise and clear application with comprehensive specifications, claims, and drawings is necessary. This is where having a professional patent writer like a licensed patent agent or patent attorney comes into play. 

There are guidelines that must be followed when applying for a patent. An experienced patent agent or patent attorney has familiarity with said guidelines which can facilitate the patent application process without mistakes being made. The patent application process is already quite lengthy, so avoiding mistakes can help inventors receive protection for their invention quicker. 

There are different approaches taken when it comes to writing the different patent applications (design, utility, and plant) because each patent type contains different intellectual property protections. Different guidelines and laws for each patent type require familiarity in order to complete the correct application without mistakes or misunderstandings. Patent practitioners carry the knowledge and expertise needed to comprehend each application process and its guidelines. 

Close attention to detail is extremely important when it comes to patent application writing. The initial filing must be complete, because new matter cannot be added into an already filed application. If something in the specifications, claims, or drawings is missing, you must file an entirely new patent application or continuation in part application. You will get a new filing date for the new matter. 

A continuation in part application is a type of patent application that is filed after the non-provisional application. The purpose of this type of application is to add information that was forgotten or missed in the original application. Another application equates to more money and time being spent. A patent writer helping with the application process for the first application means there likely won’t be a need for another application to be filed because something was missed or overlooked. Meticulousness is essential when it comes to a successful patent application filing. Patent attorneys and patent agents must be detail oriented to be successful. 

It is important to note that the United States Patent and Trademark Office is a fee-funded federal government agency. Therefore, any errors made in the patent application or in responding during the prosecution process likely require more fees for the applicant. 

An inventor’s ideas and innovations drive success and growth in their business. A good patent agent or patent attorney recognizes this and provides the necessary help to protect their invention. If done successfully, patent practitioners enable inventors’ dreams.

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