Brief Notes

Parts of a Patent Application

Preface

This brief note is not legal advice and is for educational purposes only.

Discussion

So, you want to write your own patent application.ย  Congrats.ย  A non-provisional patent application (aka utility) generally has these parts or sections in the Specification.

TITLE – of your invention, for example, GENERATING THREE-DIMENSIONAL MAPS FROM IMAGE DATA.ย  Not to exceed 500 characters (37 CFR ยง 1.72(a)).

RELATED APPLICATION – if your application claims priority to any earlier filing โ€“ list the application number, title, and date of filing and state โ€œpending, and which is hereby incorporated fully herein by reference.โ€ย  (37 CFR ยง 1.77(b)(2))

FIELD OF THE INVENTION – give a brief idea like Battery Charging System. (37 CFR ยง 1.77(b)(7))

BACKGROUND OF THE INVENTIONbe careful here but try and describe what currently exists.ย  Do not talk about your invention here. (37 CFR ยง 1.77(b)(7))

SUMMARY OF THE INVENTION โ€“ NOT legally required.ย  Keep it short if you include it and donโ€™t promise what you donโ€™t disclose. (37 CFR ยง 1.77(b)(8), MPEP ยง 608.01(a)(b)(8))

BRIEF DESCRIPTION OF THE DRAWINGS โ€“ something similar to: Figure 1 illustrates a mapping system configured to implement one or more aspects of the present disclosure. (37 CFR ยง 1.77(b)(9))

DETAILED DESCRIPTION โ€“ hereโ€™s where you detail your invention so that one skilled in the art could practice your invention without undue experimentation. (37 CFR ยง 1.77(b)(10))

CLAIMS โ€“ what youโ€™re claiming.ย  With the base patent filing fee you get a total of 3 independent and 20 total claims. (37 CFR ยง 1.77(b)(11))

ABSTRACT โ€“ beginning on a separate sheet with a concise overview preferably not exceeding 150 words (37 CFR ยง 1.72(b)).

Best Practices

Have a registered patent attorney draft your application and file it and the other assorted papers needed.ย  You can get a list of patent attorneys or agents here:

https://oedci.uspto.gov/OEDCI/practitionerSearchEntry

Search for Last name: Heimlich – and see the one and only ๐Ÿ™‚

Contact us at: +1 408 253-3860

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