What are some easy writing tips for inventors to prepare their provisional patent applications?
Writing Tip #1: Use the word “may,” not “is”
When you say that your idea is X repeatedly in the patent application, the court will hold you to your word to help infringers avoid infringement. In most instances, you can simply replace the word “may” with “is.” That simple change will significantly broaden your patent application.
Writing Tip #2: Don’t use the word “invention”
I understand that we are writing a patent application for your invention. However, the word “invention” can be replaced with the generic term for your product. Alternatively, you can use the word “apparatus.” This is related to Writing Tip #1. If you repeatedly state that your invention is something then the court will hold you to it to help infringers avoid infringement.
Writing Tip #3: Include suboptimal embodiments
To mitigate against narrow claims in a patent, the patent application can include suboptimal embodiments. The inventor may be selling the best or most efficient widget for a premium price. However, suboptimal widgets for selling for 1/2 the price can erode your profit margin. By including suboptimal embodiments, you minimize the chance of this happening.
What are the common mistakes when inventors write their own provisional patent application?
Common writing mistake #1: Failure to show how to make and use the invention
Inventors often fail to explain how the invention works. Inventors normally put in benefit statements in their description of the invention. Good provisional patent applications explain how to make and use the invention. It’s also a requirement under 35 USC 112. You have to give away the secret sauce of the invention.