The second step in seeking patent protection for an utility invention is writing the patent application.
The second step to patenting is patent application writing. Patent application writing includes filling out all the right forms. However, application writing is mostly focused on two coordinated parts. Firstly, writing a patent specification and claims. And, secondly creating any drawings needed to apply for 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.
Patent drawings are typically line drawings that show the elements of the device or apparatus of the invention and/or how to use it. A patent is about its claims, but often drawings are needed to show clearly what is discussed in the description. Above all, the drawings include any figures needed to clearly convey how to make and use the invention.
Writing the Specification of a utility patent application
A complete and proper specification for an utility application includes these eight elements: firstly, the title; secondly, the technical field of the invention; thirdly, the background of what is available today; fourthly, a brief summary of the invention; fifthly a brief description of the drawings; sixthly a written detailed description, seventhly the claims; and eighthly an abstract.
Title of the Invention
The title is 500 characters, or less. A good title is descriptive of the invention and its utility in a few words. A patent title can be a product name or title. However, that should not be the focus for a title. Above all, a good title describes the invention.
Technical Field of the Invention
The technical field of the invention is a statement of the areas of art that the invention is related too. For instance, in an application for a hammer, the technical field section will discuss how the invention relates to tools used for building structures and setting nails. There are statements of general relationships to technical areas. In addition, there are statements of specific relationships to specific technical areas.
Background of the Invention
The background of the invention is a discussion of what is available today that is related to the new invention. It is a discussion of the prior art and what is lacking therein. In other words, the background includes a discussion of the prior art and what the prior art does and does not do.
Brief Summary of the Invention
The brief summary of the invention is pretty much exactly what it sounds like. In other words, this summary is a brief discussion of the invention and what is claimed.
Brief Description of the Drawings
The brief description of the drawings is a brief discussion of the diagrams, figures, and flowcharts submitted as part of the application. These diagrams, figures, and flowcharts are used in the detailed description to describe how to make and use the invention.
The detailed description of a utility patent application includes all necessary details to fully describe how to make and use the invention. The patent application specification submitted must include a detailed description. And, the detailed description must include the manner and process of making and using the invention. The detailed description must be in such full, clear, concise, and exact terms as to enable any person skilled in the art to make and use the invention.
A patent is about its claims. Patent Claims define the scope of patent protection. The claims define the subject matter of patent protection sought. Claims determine what is patented. Claims must be properly written. The specification must provide support for all claims.
The abstract is in the form of a single paragraph of 150 words or less, under the heading “Abstract of the Disclosure.” It includes the description of the invention and what is new in the art to which the invention belongs. There are formatting requirements for the abstract. For instance, it must be on a separate page, preferably following the claims.
In addition to the forms required, the basic parts of a patent application are a written specification and drawings. The patent specification will include many references to the drawings for clarity. The drawings include any figures needed to clearly convey how to make and use the invention.
Creating the Drawings (if needed) of a patent application
A complete and proper utility patent application very often requires drawings for clarity. Patent drawings show relationships between elements, parts, processes, and pieces of the invention. Also, patent drawings show how to use an invention. There are two basic groups of drawing types: firstly, patent figures, and secondly, patent flowcharts. In addition, there are formatting submittal requirements for all patent drawings.
Patent figures are the drawings, diagrams, charts, figures, and photos necessary for a patent application. Applications require drawings only if the invention “admits of illustration.” Both US and International applications typically require good, properly formatted, drawings. This is because most of the time, the written description admits of (needs) illustration for clarity. Above all, the patent figures support the claims and written sections of a patent application.
These are a particular type of patent drawing. Flowcharts show process flow, or procedure steps. They are useful in many types of patent applications. Providing a flowchart can be a great way to show a complex or involved process or procedure. For instance, flowcharts are useful in software patenting.
Patent Drawing Requirements
Patent figures and flowcharts require proper labeling and numbering for clarity of reference and completeness of disclosure. Moreover, these documents must be compliant with the submittal requirements of the patent office. Only use color drawings, and photos if required.
Carson Patents® will fill out all the forms, and write the specification. We will also include any needed drawings or flowcharts. We offer confidential patent application help. Contact us to start the steps to patenting your invention or idea in a utility patent application. Read about patenting costs.
Table of Contents
- The second step in seeking patent protection for an utility invention is writing the patent application.
- Writing the Specification of a utility patent application
- Creating the Drawings (if needed) of a patent application