What Are the Goals When Writing a Patent Application?

September 14, 2022 by James Yang

Note: This article is part of a series on how to write a great patent application.

The goals of writing a patent application are to:

When these goals are accomplished, your patent application gives you the potential to secure broad patent protection and backup arguments if needed to secure a patent. It also mitigates the possibility of competitors securing a patent similar to your invention.

This guide will help you accomplish these goals. But before you start writing your application, you should create an outline. The outline keeps you organized and focused on the invention’s point of novelty, the backup arguments and any design-arounds. It will make it more difficult for competitors to get a similar patent too.

First Goal: Describe how to make and use the invention

The patent specification must describe how to make and use the invention. This satisfies the enablement requirement for getting a patent. Unless you give away the instructions for making and using the invention, the United States Patent and Trademark Office will not grant you a patent.

Second Goal: Include backup arguments for patentability

The patent specification should include backup arguments for patentability. For example, if the invention is related to the use of a tongue and groove assembly for securing a door to a door frame, backup arguments would include details such as angles and orientations of the tongues and grooves, the relative positions of the tongue and grooves, and others aspects as well. This information should be included in the patent application as backup arguments. When the examiner rejects the broad concept of the invention, you can narrow the claims by including these details to secure a patent.

Third Goal: Anticipate design-arounds from competitors

The patent specification should include design-arounds that competitors might use to get around your patent (if/when it is granted).

When you include design-arounds in your patent application, you prevent competitors from getting a patent on them. Moreover, after you get a patent on your inventive design, you can always go after the design-around versions by filing a continuation patent application.

Fourth Goal: Prevent competitors from getting similar patents

The patent specification should add broadening language too. For example, a preferred material might be steel. However, the specification should also include other materials even though you don’t consider them viable alternatives such as aluminum, carbon fiber, etc..

Disclaimer: Use the information in this article 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.

How to write a patent application?