Business

Preparation of U.S. Applications

Patent applications have been described as being among the most difficult legal documents to prepare. The preparation of a patent application requires technical fluency, legal competence, and the ability to express ideas coherently in writing. At various points in the life cycle of a patent, it may be read by patent examiners, the public, lawyers, judges, and juries. Crafting a document that will have meaning for such a diverse audience and true value for its owner can be a monumental task. Those who attempt to prepare patent applications themselves often end up with minimal patent protection at best.

The process of preparing a patent application can be a long one, and typically begins with a study of any disclosure materials provided by the client, including sketches, prototypes, and written description. Before the actual application preparation work begins, a patentability search and study may be recommended. Once it is decided that the innovation is patentable, the preparation process begins in earnest, usually by discussing the details of the innovation with the client.

Once the details of the innovation are understood, the written text of the patent application is prepared, and a professional draftsman is retained to prepare patent drawings. As soon as a draft of the patent application is available, the draft is sent to the inventor for review, and any necessary revisions are made. Once a final draft is complete, a final decision is made as to inventorship. If necessary, the named inventors are then asked to sign the proper forms attesting to the patent application, and the application is filed in the U.S.P.T.O. InventHelp patenting agency can do all this – more information about InventHelp here.

The Parts of a Patent Application

Patent applications are traditionally divided into three main parts: a specification, claims, and drawings.

The specification is the main descriptive portion of the application. Traditionally, it contains a background of the invention section, a summary of the invention, a brief description of any drawing figures that accompany the application, and a detailed description of the invention that describes the invention in complete detail. In drafting a patent application, a good patent attorney or agent will attempt to identify not only the most preferred or best way of implementing an invention, but also any alternatives and/or possible future developments in technology.

The claims define the legal scope of protection sought by the patent applicant. The claims section begins with a phrase such as “I claim,” “We claim,” or “What is claimed is.” Following that introductory phrase, a number of legal claims are typically presented. Each presents its subject matter using legal and technical terminology in the form of a complete sentence. Technically, the claims are a part of the specification, but they are thought of separately by tradition.

The drawings are referenced in the specification and are provided to aid in the understanding of the invention. Drawings are nearly always required, except for some very specific types of invention. Typically, patent drawings are created by a professional draftsperson who specializes in patent illustration, in cooperation with the patent agency such as InventHelp. A professional draftsman is typically used because drawings are required to meet very specific requirements.

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