Understanding Patent Applications
Here are the basic steps to drafting and filing a patent application.
To get a patent approved by the U.S. Patent & Trademark Office (USPTO), you have to do your homework before filing the application, carefully prepare the application, and then file it.
Before you prepare the application: determine if your invention has commercial potential, make sure that it meets the requirements for patentability, and do a thorough patent search. To learn about the requirements for patentability, see Qualifying for a Patent FAQ. To learn about patent searches, see Patent Searching Online.
Once you are confident that your invention is a good candidate for patent approval, you are ready to begin the patent application process.
The Patent Examiner: What to Expect
Each patent application filed with the USPTO goes through a rigorous examination process. The application is assigned to a "patent examiner" who inspects it to make sure that:
- the invention meets the requirements for patentability, and
- the application itself follows the required USPTO format and language.
You and the examiner will exchange letters or phone calls until you reach an agreement about which parts of your invention the patent will cover, if any. This process typically takes between one and three years.
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Don't be discouraged by the examiner's rigorous scrutiny of your application. Virtually no patent application, even if filed by a top-notch patent attorney, gets approved on the first go round. To reduce the number of problems, however, you need to carefully prepare your application, dotting your i's and crossing those t's.
The Parts of a Patent Application
The key elements of a patent are:
- the specification
- the claims
- the abstract, and
- the drawings.
The specification, with the help of the drawings, explains how to make and use the invention. The claims define the scope or boundaries of the patent. The application must also include an abstract that summarizes the invention.
The Specification
The specification is constructed of several elements. Collectively, these elements form a narrative that describes and distinguishes the invention. Every specification must describe the invention so that someone knowledgeable in the field of the invention can make and use it without any further experimenting.
The specification must also disclose the “best mode” of creating and using the invention. If the inventor knows of a better way (or “best mode”) to create the invention and fails to disclose it, that failure could result in the loss of patent rights.
The particular parts of the specification include:
Title of the invention. Your title should be brief, but also technically accurate and descriptive.
Background of the invention. You must include the field or subject matter of the invention and a description of all relevant prior inventions. Here's where thorough research pays off. When you refer to earlier inventions, point out specific problems that your invention solves.
Brief summary of the invention. This is an overview of what you claim your invention can do. Show how your invention solves the problems you described in the background section.
Detailed description of the invention. Provide a thorough description of the structure and operation of the invention. It must be complete enough that persons of ordinary skill in the field could follow it to make and use the invention.
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