Note: This guide can help you write your own patent application. If this information is all you need to protect your invention, I would love to hear about your success, though I cannot offer any further guidance. If you would like my professional help as an experienced patent attorney, please reach out so that we can discuss your case.
Disclaimer: This guide is not a substitute for legal counsel. By using this information, you assume all responsibility.
A great patent application focuses on the invention’s point of novelty. It is not sidetracked by peripheral features, aspects and information, but it should include options and variants. The application must be organized so that the examiner, jury, judge, infringer and investor can quickly understand what you are trying to claim as your invention.
The purpose of this resource is to help you achieve these goals.
Following this action plan will enable you to write a great patent application:
- Read through the articles below.
- Build an outline of the invention.
- Write a patent application.
Step 1: What are the goals when writing a patent application?
- Describe how to make and use the invention.
- Include backup arguments for patentability.
- Anticipate design-arounds by competitors.
- Prevent competitors from getting similar patents.
Step 2: Download a sample outline, numbering worksheet and patent template
- Download the outline template.
- Download a number worksheet.
- Download the patent application template.
Step 3: How to develop the outline of your patent application?
- List the invention’s parts (i.e. structure)/steps and benefits in the outline.
- List the structure’s design constraints and the steps for achieving the benefits detailed in the outline.
- List options, variations, alternative embodiments, an MVP, and the optimal product.
Step 4: How to show your invention through the drawings?
- The basics of preparing drawings for a utility patent application:
- Show all design constraints in the outline.
- Show the invention in context.
- If needed, show the movement of the parts.
- Show all design constraints in the outline.
- The formalities for the drawing set:
- How to use a patent draftsperson?
- How to lay out the figures?
- How to identify various parts of the drawings?
Step 5: Which section of the patent application should be written first?
- Why should you write the Detailed Description first?
Step 6: How to write a claim for your patent application?
- How to craft a basic preamble for your claim?
- How to add a transition phrase to the claim?
- How to add a list of elements to the claim?
- Download the patent template with a sample claim.
Step 7: How to write the detailed description section of your patent application?
- What are the goals of the Detailed Description section?
- How to start the Detailed Description?
- How to organize the content of the Detailed Description?
- How to add numbers to the text and drawings?
- What are a few common mistakes to avoid?
- What are a few useful stock phrases?
- How to write the perfect patent application?
- Download the patent template with a Detailed Description.
Step 8: How to write the brief summary section of the patent application?
- What is the purpose of the Brief Summary?
- How to satisfy the antecedent basis requirement?
- Download the patent template with a Brief Summary.
Step 9: How to write the background section of the patent application?
- How to write the field of the invention?
- How to write the problem statement?
- How to write the “need in the art” statement?
- Download the patent template with a sample Background.
Step 10: How to write the summary paragraphs of the Detailed Description and Brief Summary sections?
- Where are the summary paragraphs located in the patent application?
- Why are they the most important paragraphs?
- What is the key to writing good summary paragraphs?
- Tips for writing good summary paragraphs.
- Download the patent template with sample summary paragraphs.
Step 11: How to write the abstract and title of the patent application?
- Why is the Abstract important?
- What are the requirements of an Abstract?
- What is the purpose of the Abstract?
- How to write the title of the invention?
- Download the patent template with a sample Abstract.
Step 12: Reread your patent application over and over again
Disclaimer: Use the information in this guide at your own risk. It takes many years to learn how to draft a well-written patent application under the guidance of a senior patent attorney.