Regular Patent Application
A standard patent application consists of a written description and claims regarding an invention, as well as drawings if necessary to explain how the device functions.
The specification is the foundation of a patent application and provides enough detail so that someone knowledgeable in the technology can comprehend how to make it. This documentation can be invaluable for product design or historical research on technology advances.
A typical patent application includes claims, which outline the invention’s scope. These may include apparatus claims (claims for physical objects or images) and method claims (claims for steps in a process).
A claim in a regular patent application is composed of three parts: the preamble, transitional phrase and body of the claim. The preamble introduces the invention and may also describe its main characteristics, purpose or field of application.
The transitional phrase links the introductory statement with the elements of an invention and typically contains a list of those components. This part of the claim should be carefully composed.
If your invention is complex, you may need to include more than one section in the body of the claim. These additional claims can be referred to as independent or dependent claims.
An independent claim in a regular patent application has the broadest interpretation of its claim language by the examiner during examination. On the other hand, dependent claims must further restrict the scope of an independent claim by specifying a narrower range or adding more elements.
A dependent claim can be advantageous when you want to focus on a particular embodiment of your invention. However, they should only be used when the broader scope of an independent claim would create too great a burden when proving that your invention does not infringe.
A comprehensive patent specification should accompany each dependent claim, outlining the function of each element and how they come together to fulfill their intended purpose.
Another type of dependent claim is a means-plus-function limitation, which permits multiple ways to accomplish the same function. While this approach is not always preferred or desirable, it can be useful in certain circumstances.
A successful patent application should be well written with detailed drawings that illustrate every aspect of the invention. This should be done in such a way that allows someone of ordinary skill in the art to construct and utilize the invention.
Most patent offices require that a regular application include a draft description, one or more claims and drawings to illustrate the invention. Each section of an application serves a different purpose so it’s essential that each is accurate and concise in order to strengthen your patent application.
A draft description provides background and overview information about an invention, while patent drawings demonstrate its workings. Usually, a patent abstract follows after the draft description and claims, providing technical details to help the examiner gain a comprehensive understanding of the invention at a high level.
In the United States, patent abstracts should be included on a separate page following your claims in your patent application. This page should bear either “Abstract” or “Abstract of Disclosure.”
The abstract should include a brief summary of the patent application, including its title. It should contain no more than 150 words. Furthermore, it should provide an overview of how the invention solves a technical problem and its primary use or uses.
Abstracts are concise written summaries designed to quickly comprehend a patent application. They should be composed using narrative language so as to clearly communicate the core idea and background behind an invention without using legalese or technical jargon that might be difficult for non-technical individuals to comprehend.
Rules for composing a patent abstract are very specific, so it’s essential to adhere to them closely. The abstract should not exceed the word limit set out by USPTO guidelines and should consist of no more than one paragraph and be written as clearly and concisely as possible.
In addition, the title should indicate the field of invention (unless this is already evident from its title). It should then provide an overview of the invention’s solution to a problem and its primary use or uses, with reference numbers placed between parentheses for main technical features.
If an international application contains drawings, the applicant should indicate which figure or figures they wish to accompany the published abstract. If the International Searching Authority determines that none of these figures are helpful for understanding the abstract, they should inform the International Bureau accordingly.
A typical patent application typically contains several sheets of drawings that accurately depict the invention in full scale. These drawings are essential components of the process since they must meet all USPTO specifications and clearly illustrate what has been invented.
Drawings should include multiple views to fully convey the invention. Show a range of perspectives, including exploded views, to help the examiner gain a better understanding of your creation. Alternatively, photographs can be utilized to show off all its details.
Inventors often neglect to include enough detail in their written disclosure, so drawing the invention more precisely helps fill this void. Additionally, it assists the patent office and courts distinguish your invention from similar or identical items.
Typically, the more detailed your drawings are, the higher their chances of approval from the Federal Circuit – our primary patent law court. When making decisions about patent applications, this court often refers to patent drawings for consideration.
In addition to outlining the specifics of your invention, drawings can also be utilized to explain its workings, how it interacts with other objects and its place within a larger system. This is especially relevant in a utility patent where there are many interconnections and parts to describe.
Your patent illustrator can produce high-quality, PTO-acceptable drawings at a fraction of the cost it would take you to do it yourself. Within 4-6 days, you’ll have error-free drawings that are ready for submission with your patent application.
Your patent illustrator can typically create all drawings using software programs like Adobe Illustrator or OmniGraffle. These programs make it simple to create scalable vector artwork for patent drawing sheets.
Your patent illustrator can also create visuals such as shapes and icons. Furthermore, they use various colors to add dimension and depth to your design.
Though it may seem counterintuitive, including patent drawings as part of your application can help expedite the patent grant process. If you’re uncertain if your invention requires patent drawings, consult with a knowledgeable patent lawyer or expert for guidance.
Oath or Declaration
A regular patent application is one filed by an inventor, as opposed to a provisional application. As part of filing this type of application, the inventor must take an oath or declaration confirming they are the original creator of the invention claimed in the application and have authorized its filing.
Additionally, the inventor must state in their oath or declaration that they are not an employee of the USPTO nor a corporation owned by them. This is required under 18 U.S.C. 1001 which states that willful false statements or acts are punishable by fine or imprisonment, or both.
According to SS 1.33(b), an inventor or inventors’ oath or declaration must be signed, including a statement that they have been informed of their duty to disclose material information relevant to patentability as defined by SS 1.56. Without signatures, the application will be treated as a transmittal letter and the inventors will have no rights of patentability.
When more than one inventor signs an oath or declaration, each individual must be identified in the document. Nonprovisional international design applications require all actual inventors be listed so as to clearly indicate who each believes to be the appropriate inventive entity.
Additionally, an oath or declaration for a non-reissued patent application must state that the inventor has read and understood all contents of the application, including claims, and is aware of their obligation to disclose material information to the Office. This oath or declaration must be signed by the inventor and executed before an examiner of the Office.
When an oath or declaration is signed outside the United States by a diplomat or consular officer authorized to administer oaths, its validity must be proven. Once certified as valid by such an officer, it will be treated as though taken within the US; its effects will be the same as if taken in its home country.