Patent writing is a long, detailed process that must adhere to U.S. Patent and Trademark Office (USPTO) regulations.
Some creators choose to hire a legal professional to write and file their patents. However, the cost of hiring a patent attorney or agent can be prohibitive for new or small businesses. Instead, some business owners may opt to do it themselves.
What Is a Patent?
A patent grants an inventor the right to manufacture, market, or sell an invention without competition for a set period. Business owners and innovators use patents, which are issued by the USPTO, to protect their intellectual property (IP) rights.
According to the USPTO, there are three types of patents:
- Design patents protect new, original, and ornamental designs for an article of manufacture.
- Plant patents protect the work of those who invent, discover, or asexually reproduce a distinct plant species.
- Utility patents protect the innovation of a new manufacturing process or notable improvement on an existing one.
Sections of a Patent Application
A patent application often includes the following primary sections:
Invention Title
The title’s objective is to provide a clear understanding of the invention or idea. Titles typically:
- Describe the subject matter and features of the innovation.
- Are concise and specific: under 15 words or 500 characters.
- Avoid using words like “new,” “improved,” or “improvement” and articles such as “a,” “an,” or “the.” The USPTO will remove these terms.
Prior Art: Context and Novelty
The context of the invention typically explains what problem or void in the market the new idea, product, or process addresses. Included information may come from scientific journals, prior art documentation, experiments, pending patent applications, market research, and other sources of prior art documentation.
Since the purpose of the prior art section is context, many business owners choose to:
- Avoid using the term “prior art” itself, as it is general and applies to the entire section.
- Refrain from providing a solution to the identified problem since this section is strictly to set the stage for the proposed solution, not to introduce it to the reader.
- Establish boundaries on the idea or invention’s scope to avoid going too broad with the context itself.
Invention Summary
This section often provides a concise and accurate description of the proposed idea. Summaries are usually at their most effective when written in language that the general population can understand, as it’s highly unlikely that the people reviewing the patent application are in the same field as the business owner.
Drawings and Descriptions
The application may include a series of drawings. These can range from general overviews to specific parts and measurements. Each image generally follows a description of one to three lines each and uses consistent terms. For example:
- Figure A is the bottom view of the item.
- Figure B is a detailed schematic of parts A and B.
Detailed Description
This section is often detailed but direct and omits irrelevant information. This is where a patent application describes how to make and use the item.
Claims
The claims section forms the legal basis of a patent application. Since the purpose is to define the boundaries of the patent’s protection, many creators have a legal professional help draft their claims. There are three factors typically addressed: scope, characteristics, and structure.
Scope
Claims are often designed to be as broad as reasonably possible to best protect against patent infringement, which only occurs when a competing invention includes the same elements of a claim. By drafting broader claims, a patent is more difficult for competitors to design around while avoiding infringement.
In other words, if the scope is broad, a patent applicant would have a better chance at successful legal action if a competitor makes and sells something too close to their creation.
Characteristics
Patent claims are often complete, supported, and precise. Claims should be independent sentences and provide clarity to the reviewer without the help of additional terms like “strong” or ‘major part.”
Structure
Claims are generally structured as follows:
- Introduction: A phrase that presents the invention or its purpose.
- Body: A legal description that outlines the protected ideas.
- Link: A section that describes the connection between the introduction and the body. The link determines the restrictiveness or permissiveness of the patent.
Abstract
Abstracts present a broad description of the innovation. This section is around 150 words and typically includes:
- The field of the invention.
- The related problem.
- The problem’s solution.
- The invention’s primary use.
Patent Writing Tips
There are some general considerations that may make the process of writing a successful patent easier for business owners.
1. Work With an Expert
Ideally, every business owner could afford to hire a legal professional and technical writer to ensure clarity and accuracy. However, many cannot afford this expense when their business is new and may seek an online course like A Legal Toolkit for Starting and Scaling Your Business, one of Columbia Law School’s Executive Education and Non-Degree programs.
2. Conduct a Complete Search for Prior Art
Finding all the prior art, or existing similar creations, related to the innovation is often considered critical to achieving a successful patent. Thorough searches include everything from relevant words to patent office classifications. Many business owners spend a fair amount of time on this search to ensure they’re not wasting time or resources on a creation that already exists.
3. Match Claims and Drawings
Every part of a patent claim needs to be present in the drawings. Otherwise, the patent is at risk of invalidation from either a patent examiner or a competitor. Taking the extra time to match and detail these sections is critical.
4. Write Clearly
A precise patent application could protect an innovator’s IP rights. Business owners can improve the clarity of their patent by:
- Providing enough detail—without unnecessary information—for the reader to understand the solution.
- Removing ambiguous language when describing implementation procedures.
- Having a professional proofread for grammar and spelling mistakes.