A patent specification describes your invention in technical detail, using drawings, so that a skilled technician in the field would be able to reproduce the invention from the specification alone. Meaning there must be enough technical detail so that all the inventive parts could be made with reference to the specification alone without reference to any external documents.
You only need to describe the inventive aspects in detail - anything that is common knowledge does not need to be described in detail and can be merely referred to. For example, if you have invented a new suspension for a car, you will need to describe in detail how the suspension system is organized and operates, however you can merely refer to an "engine" for the car, without describing the whole engine, if the engine is not part of your invention.
A specification requires several elements, described below. Once assembled, these will create a document that can be filed with Patent Offices around the world.
Title
The title is a concise description of the invention, for example "Infrared Toaster" or "Improved Vehicle Suspension System"
Abstract
The abstract summarizes the invention in 150 words or less. If you look at existing patent specifications at the USPTO for example, this is the description that typically appears on the first page.
Summary
The Summary is a longer summary of the invention. For reasons related to the validity and support of the claims language, the summary consists generally of the final claims language, in an English sentence structure.
Description of Figures (or Figure Reference)
This is a description, figure-by-figure, of what the viewer is seeing in each of the figures. For example, "Fig. 1 is an elevation view of the invention; Fig. 2 is a detail view of the widget of the invention".
Detailed Description
This portion is written in conjunction with the Figures. Basically, it will refer to the Figures and describe, element-by-element what the Figures show. The elements are identified on the Figures with numbers and arrows. For example, "With reference to Fig. 2, light socket 100 contains a positive terminal 102 at its base 103 and a threaded negative terminal 104 around its circumference 105." Describe what the parts are, and what shape or features they have in order to better perform their task.
Once all the components and how they assembled are described, the Detailed Description should describe their function and how they operate when the invention is working. In particular, you will want to highlight how each component works, and how everything works together to arrive at the invention.
Figures
The figures should show all the inventive and non-obvious aspects of the invention, and show all the elements together so the viewer can appreciate how the invention works. Again, all features are numbered with arrows to match with the description. Drawings must be clear and it is advisable that the drawings be professionally done and labelled to reduce any objections by the Examiner. Patent drawings can be made directly from photographs if a prototype is available.
Claims
Claims define the legal right that the inventor thinks he or she is entitled to. Usually the invention (the inventive aspect of the whole) is claimed within the item in which it appears. It is advisable to have a patent attorney help with the claims because these are the whole point of the patent - they will give the value to the patent. If the claims are too narrow and detailed, then a competitor will be able to work around the claims by modifying some small thing. If the claims are too broad, then the claims may be invalid and will face challenges during examination. A patent attorney will have experience in finding the right breadth for the claims. And make sure your patent professional is a lawyer - they will have legal enforcement in mind when preparing the claims.
Formatting
Make sure you number pages and paragraphs (and lines too for some countries). Each section should start on a new page. Depending on the country in which you file, there may be other formalities to watch for. However, you'll typically receive a first office action on these formalities, giving you a chance to correct them, if your specification does not meet the local requirements. If you hire local counsel then you will be able to avoid this, as they will know what is required in advance and can modify the specification before it's filed.
How to Patent provides information from a patent attorney on patenting strategies for small businesses and start-ups, including how to prepare, file and prosecute patent applications, and find help in filing a patent. This Blog aims to provide information only; nothing in this website constitutes legal advice and no client-solicitor relationship is established by viewing this website.
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