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Patent Anatomy

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"Getting Patents With Strong Claims"

 

Patent Application

A non-provisional patent application is made to the Commissioner for Patents and includes:

  • A written document which comprises a specification (description and claims), and an oath or declaration;

  • A drawing when a drawing is necessary;

  • The filing fee.

The Specification

The specification has the following sections, in order:

  • Title of the Invention.
  • Cross Reference to related applications (if any).
  • Statement of federally sponsored research/development (if any).
  • Reference to a ”Sequence Listing,” a table, or a computer program listing appendix submitted on a compact disc and an incorporation by reference of the material on the compact disc.
  • Background of the Invention.
  • Brief Summary of the Invention.
  • Brief description of the several views of the drawing.
  • Detailed Description of the Invention.
  • Claim or claims.
  • Abstract of the disclosure.
  • Sequence listing (if any).

The specification includes a written description of the invention and of the manner and process of making and using it, and is required to be in such full, clear, concise, and exact terms as to enable any person skilled in the technological area to which the invention pertains to make and use the invention.

The specification also describes the invention in such manner as to distinguish it from other inventions and from what is old. It describes completely a specific embodiment of the process, machine, manufacture, composition of matter, or improvement invented, and explains the mode of operation or principle whenever applicable. The best mode contemplated by the inventor for carrying out the invention should be presented.

In the case of an improvement, the specification will particularly point out the part or parts of the process, machine, manufacture, or composition of matter to which the improvement relates, and the description will be confined to the specific improvement and to parts which necessarily cooperate with it or  may be necessary for a complete understanding or description of the invention.

The specification concludes with claims particularly pointing out and distinctly claiming the invention. The claims portion of the application is the most important part of the application, as it is the claims that define the scope of the protection afforded by the patent.

Drawings

The drawings of the invention should be furnished whenever the drawings are required to understand the invention. This includes practically all inventions except compositions of matter or processes, but a drawing may also be useful in the case of many processes.

The drawings must show every feature of the invention specified in the claims, and is required to be in a particular form, including the paper size, the type of paper, the margins, and other details. US PTO specific requirements for acceptable drawings are relatively complex and are not discussed here.

 

 
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