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.  Congrats.  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.  Not to exceed 500 characters (37 CFR § 1.72(a)).

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

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

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

SUMMARY OF THE INVENTION – NOT legally required.  Keep it short if you include it and don’t promise what you don’t disclose. (37 CFR § 1.77(b)(8), MPEP § 608.01(a)(b)(8))

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

DETAILED DESCRIPTION – here’s where you detail your invention so that one skilled in the art could practice your invention without undue experimentation. (37 CFR § 1.77(b)(10))

CLAIMS – what you’re claiming.  With the base patent filing fee you get a total of 3 independent and 20 total claims. (37 CFR § 1.77(b)(11))

ABSTRACT – beginning on a separate sheet with a concise overview preferably not exceeding 150 words (37 CFR § 1.72(b)).

Best Practices

Have a registered patent attorney draft your application and file it and the other assorted papers needed.  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 🙂

Contact us at: +1 408 253-3860

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