How to draft patent application [FAQs]



Last updated : Aug 14, 2022
Written by : Raymon Pepitone
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How to draft patent application

How do you write a patent application?

  1. Rely on a Professional.
  2. Conduct a Thorough Prior Art Search.
  3. Draft Broad Claims.
  4. Align Claims and Specification.
  5. Stack Your Claims.
  6. Clarity is Critical.

How do I prepare for a patent draft?

  1. Check if your invention is patentable.
  2. Fill out the patent drafting application.
  3. Fill the necessary forms to complete your patent application.
  4. Publication of Patent Application.
  5. Examination of the patent.
  6. Final decision.

How can I draft a patent application in India?

  1. Step 1: Conceiving your Invention.
  2. Step 2: Patent Search and Drafting.
  3. Step 3- Filing the Patent Application.
  4. Step 4- Publication of the Application.
  5. Step 5- Request for Examination.
  6. Step 6- Respond to the Objections.
  7. Step 7- Grant of Patent.

What are 4 parts of a patent application?

  • Front page(s)
  • Drawings.
  • Specification. A background section. A list of drawings. A detailed description.
  • Claims.

Can I write my own patent?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

What is an example of patent?

Examples of inventions protected by utility patents are a microwave oven, genetically engineered bacteria for cleaning up oil spills, a computerized method of running cash management accounts, and a method for curing rubber.

How long does it take to draft a patent application?

However, most patent applications take about 30 to 40 hours to draft. This estimate includes the initial inventor interview when the patent attorney interviews the inventor to learn as much as possible about the invention.

What is drafting a patent?

What Is Patent Drafting? This is the art of writing a specification that clearly and concisely describes the invention. It includes various sections including a summary of the invention, a background of the technical area and a summary of any drawings that are included with the application.

What does a patent application include?

Components. A patent application generally contains a description of the invention and at least one claim purporting to define it. A patent application may also include drawings to illustrate the invention. Furthermore, an abstract is generally required.

How can I patent my idea for free?

There are two ways you can actually patent an invention for free, sort of. If you cannot afford an agent or attorney, look to the Patent Pro Bono Program or the Law School Clinic Certification Program, both provided by the USPTO. The Patent Pro Bono Program pairs registered patent agents or attorneys with inventors.

How do you write a patent summary?

  1. Create a Title.
  2. Describe the Technical Field.
  3. Describe the Background.
  4. Explain Problems You Encountered.
  5. Discuss How Your Invention Solves These Problems.
  6. List the Figures.
  7. Explain the Scope of Your Intellectual Property.
  8. Explain How to Use Your Invention.

What is the most important part of a patent application?

The claims are the most important section of a patent application. These essentially comprise a parts list that describe in legal terms the metes and bounds of the invention. In many ways these can be analogous to a legal description of a property. In terms of claims, the fewer elements, the more broad the patent is.

What are the types of patent applications?

  • Provisional Application for Patent.
  • Nonprovisional (Utility) Patent Application Filing Guide.
  • Guide to Filing a Design Patent Application.
  • Plant Patent Application.
  • Filing a new international application under the Patent Cooperation Treaty (PCT) PCT Legal Administration.

How do you write a patent specification?

Indian Patent Office (IPO) A typical patent specification has the following sections: 1. Title of invention; 2. Field of invention; 3. Background of invention with regard to the drawback associated with known art; 4.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

How much is patent cost?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention. Previous: Why should you file a patent application?

How long is a patent good for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

What are the 4 types of patents?

  • Utility patent. This is what most people think of when they think about a patent.
  • Provisional patent.
  • Design patent.
  • Plant patent.

What are the best patents?

  1. The Lightbulb. The electric lightbulb is perhaps one of the most famous patented inventions known to humankind.
  2. The Internal Combustion Engine.
  3. The Telephone.
  4. The Computer.
  5. Bluetooth.
  6. The Maglev.
  7. The FireEye Malware System.
  8. The Google PageRank.

What is the purpose of patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.


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How to draft patent application


Comment by Kam Calkins

check out this chart right here did you know that this is the whole process on how to file a patent application quite a bit going on there right a little complex just know that this is the fourth step this whole thing is the fourth step where there are actually three earlier steps that need to be taken prior to filing a patent application I'm JT governor managing partner and CEO here at bold patents law firm the patent process can be tedious and there's a lot of steps involved just know that I and our firm of attorneys are here to help you the inventor move forward one step at a time toward progressing for making your your visionary idea be a reality today I'm gonna walk you through the how to file a provisional patent application before we get started I wanna let you know that what I've done is laid out a timeline for you on this video so you can follow along and if you wanted to if you're short on time jump to the section that you want to hear about today let's move right ahead to step one invention title okay so this is sort of a bit of a nuance thing right and inventors can sometimes get a little bit elaborate with titles I tend to want to keep titles pretty compact and sort of a least common denominator there's no reason to to be all frilly and add language to a title the main reason why is you don't want to actually specificity you want your invention to be really broad so if you've invented for example a a new type of container device for liquids and you've got a closure mechanism that has a nice rubberized seal the title of your invention should not be new silicone rubber seal for water containers right the title should actually just be liquid container closure does that make sense right you're actually covering a lot more under that title you're not limited to just water you're not limited to just rubber you're really describing it very specifically put very simply that's the best way to go now in far isn't the time of those need to make sure your invention is categorized properly and the Patent Office does that for you so don't worry about it but it is part of what you can do and being proactive and writing the patent so that it fits into the right technology unit step two what is the general description over your patent application this is the heart of the patent when you talk about the the length of it right well what is it you're talking about in the written description and it's it's really it's how to make and use your invention it's that simple you're explaining to a person of ordinary skill in the art they actually have an acronym for this person a Pacita person ordinary skill in the art this is where you're writing to your explaining your invention to this post Sina this is her industry specialist like you in another part of the country right you're trying to explain your invention to them so that they could tape your writings and your drawing and go make your invention right a little scary I know but that's the kind of detail you've got a real to write in your general description by number three what does the market need you've got to lay down in your application in some way how does your patented product solve and market need okay so this is going to take a little bit of thinking a bit of your business cap coming on thinking about okay what is it that the customers that you're going to be serving how are they currently being served right how what makes them happy what gets them through the day with this particular issue and then how is your solution better what the problem in the market are you solving this is gonna be sort of a two-step approach and thinking that the best way they talk about this is to relate back to a story I hear this from a lot of inventors right is from a whole lot I don't have any competition okay they say they say no no I hear you saying I've got to write about marketing in JD but I don't have any competitors this is brand new right and I say okay that's great but I know that you've got competition even if this patented product were in them on the shelves today there's competition what I mean by that is that you've got to think about okay who is your who's your customers the single product like Brita water filters okay Brita water tones let's think back to when those were first game Abbott the inventor of that might might not be so bowls will to say look I've got no competitors no one else is out there filtering water well it may be true but customers are buying bottled water or they're buying water right from the tap from the utility okay they're happy maybe not as happy as they could be but they're sort of they don't know what they don't know so that is where your current problem is is to be able to prove that customers are dissatisfied getting water out of the tap or from a bottle okay your filter is giving them obviously more nutritious it's gonna filter out a lot of the contaminants whatever else your invention is doing that's the needs so understanding the demands for this this sort of pain in the market and how much room is there you have to elaborate and your invention in your application what it is that you're solving in that market needs if you're into this video if you're loving what you're hearing it's so important to me that we share this with as many people as we can so what I want you to do is take a second click the like share this video and provide us a comment if you've been scratched your head you didn't hear something or it doesn't make sense to you ask a question I personally would do my very best to get back with you and get you the answer you're looking for so thank you for your likes you share your comments okay the next step is to describe the most basic version of your invention alright and this is where the hard things to get inventors to do but you know they come in with this rad invention they see it in the market and being the next you know the next thing right the next fit just better whatever it is that's gonna hit the market this is this is hard because you've got to actually take off all those bells and whistles and strip the invention down to its its bare bones its skeleton that's what you need to describe this is going to set the stage for the initial claim set you know what you want to claim is the paratus the biggest most you know cornerstone foundational claim set is likely going to be structured around this basic version of your invention all right because it is true but the more elaborate you get with your invention the more you describe it and the more you claim it you're having narrower rights don't forget that we're going to come back to that later all right so the next step is gonna be the next section of your invention the application rather isn't we describing the alternative embodiments so you've got this stripped down version that we just described now it's about how do you actually describe this if you were to make it of a different material how might your invention work if you change one of the structural elements and moved it could you make it work with a different input or right could it put more than one output how does that look what wo


Thanks for your comment Kam Calkins, have a nice day.
- Raymon Pepitone, Staff Member


Comment by Bruce

how to draw patent claims I am out creating partner with Fleischmann partner and if you like my videos do me a favor and subscribe to my channel in this video I explain how to drop patent claims in this video I first talked about some general considerations when drafting patent claims then I talked about five essential steps when drafting patent claims after that I talked about twelve common mistakes when drafting patent claims and in the end I give you my favorite strategy how to draw patent claims first some general considerations how can you prove if a patent claim is infringed always have infringement in mind when drafting patent claims for example if you want to drop the complex mixture of polymers in your independent claim then you have to be sure that you can prove this particular mixture polymers in an infringing product otherwise the claim is basically useless and then another general consideration is can the claims easily be circumvented or avoided by infringer always have the infringer in mind when drafting patent claims what would you tell the infringer how to get around the patent claim that you are just about to drop now for the five basic steps how to drop patent claim what is the invention what are all the pieces in parts of the invention what are all the details of the invention are there multiple versions of the invention first you really need to understand the invention in great detail and understand how the invention works from the very start to the very finished product try to identify as many variations of the invention even if the inventor didn't tell you or give you a hint or clue about the different variations of the invention then the second step search for prior art do a really good clever search for prior art and try to identify as many differences of your invention to the solutions that are given in each of these documents then there is the two-part form of the claims which are recommend there is the preamble the preamble is the most generic form of your invention for example a car or a hairdryer or a composition or any generic form that best describes your invention and then there is the body try to identify one feature that differentiates your invention from all the found relevant documents or at least try to find a combination of features as broad as possible that distinguishes your invention from the relevant document that you found and this feature goes into the body for example a car character in that and then the body it comprises wheels made of diamonds of course I think useless invention but nevertheless the distinguishing feature would be the wheels made of diamonds then a fourth step make sure that all features in the claim are connected physically or logically if the elements or features in your claims are not physically or logically connected the examiner might object to your set of claims for not disclosing one uniform invention and raise an objection with lack of unity so you might have to elect a certain set of claims to further prosecute that set of claims and you would be forced to file a divisional application for the other invention then the fifth step did you make use of all different types of claims do you have a product claim do you have a project claim do you have a youth claim for example you can claim a certain product then the process for the manufacture of that product and then the use of that product in a certain application now let's go to the 12 most common mistakes in my view sometimes I see claims made of more than one sentence do not have more than one sentence in any claim otherwise it will be objected is unclear and it will be difficult to enforce then there is the misuse of the word end if you have a list of different components for example you have a motor comprising this and this in this component then you use the word end only before the last component the third common mistake there are different transitional phrases between the preamble and the body for example characterized in that or consisting of or comprising of or having or being composed of characterized in that is the most common transitional phrase and perfectly okay to divide the preamble from the body if you use convicting off then you have a very narrow scope because the following list will be a closed list and if the infringer has any additional elements they might be out of the scope of your patent comprising or being comprised of on the other hand is an open list so you have components a B and C in your list and even if the infringer has any additional elements they will still fall under the scope of your claim so prefer comprising over conditional then there are other transitional phrases like having or being composed of and these phrases at least in the US and sometimes also in Europe are objected to for being unclear so just avoid them then a very important and common to take inconsistent mineralogy always use the exact same term for the same concept for example do not use car and auto mobile interchangeably to mean the same concept then another mistake is claiming the result try to avoid claiming the result as opposed to the component or the concept to achieve the result while claiming the result may be allowable in exceptions typically it is objected to for being unclear then another mistake is to little detail don't leave anything out of the claim that is necessary to work the invention and distinguish the invention from the prior art then another mistake is too much detail in the claim try to avoid any features that are not necessary to work the invention and to distinguish the invention from the prior art if you have more than these features your claim will be more narrow than it should be another mistake try to avoid claims that broaden the independent claim or contradict the independent claim the next mistake try to avoid using trademarks in the claim then another mistake which is just a personal view it is not a general recommendation I typically try to avoid means chat function claims why some colleagues in the u.s. recommend means plus function claims because you can get a jury to decide on claim interpretation however sometimes courts interpret means that function claims in a very narrow sense limited to the options that are given in the description to reach the function then the last and twelfth mistake that I want to talk about the antecedent basis if you first introduce the feature in the claims use the indefinite article like earth or n and if you refer to the same concept the same feature later on in the set of on the same claim use the definite article the now for my personal strategy how to get a good set of claims first to a very good search for prior art for each of these documents try to identify as many differences to your invention as possible and also try to identify the advantage that is connected with each of these differences then try to identify that you can find that differentiates your invention from all of the relevant documents that you found and use that feature in the body of the claim I have some valuable resources and links in the show notes for drafting claims


Thanks Bruce your participation is very much appreciated
- Raymon Pepitone


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