Patent Application

Patent Your Plans: How to Write a Patent and Other Useful Tips

Looking to protect your intellectual property and patent your plans for a business invention? Here’s how to write a patent and other helpful tips on patents!

There were 629,647 patent applications filed in 2015. Each one of these required someone to sit down and create an application. 

Knowing how to write a patent is crucial to ensuring that your patent application gets approved. Otherwise, you face additional cost and time as you revise your application. 

File for the Right Type of Patent 

Do you know if you need a utility or design patent? Utility patents protect functional inventions such as a device or method. Design patents cover the aesthetic attributes of an object. 

Provisional Patents 

There is a third application that you can file, a provisional patent. These applications are not reviewed and are purely for establishing a date of priority. You can turn these applications into a patent application within a year of filing. 

Parts of a Patent Application 

There are thirteen sections to a complete patent application. They are outlined in 37 CFR 1.77.

  1. Invention title 
  2. Cross-referenced list of related patent applications
  3. Statement of federally sponsored R&D
  4. Names of all parties of joint research agreement
  5. References to a “sequential listing”
  6. Background information on the invention
  7. Brief summary of the invention
  8. Short description of the drawings
  9. Detailed description of the invention
  10. Claim
  11. Abstract of the disclosure
  12. Sequence Listing
  13. Oath or declaration

If you do not include all of the necessary parts, your application will get automatically rejected. Simply by following this list, you can prevent a lot of headaches. To further increase the likelihood of patent approval, you can use this powerful tool

Parts of a Provisional Patent 

Since a provisional patent acts as a placeholder, it doesn’t require the same level of detail as a complete patent application. You only need six things. 

  1. Name of inventors 
  2. Creator’s address
  3. Title of invention 
  4. Contact information of the attorney or agent 
  5. Correspondence address 
  6. Disclosure of government agencies with interest in the invention 

Tips for How to Write a Patent

The most important thing is to make sure that your writing is concise and clear. This is not the place to be verbose. Remove all passive voice and get to the point as quickly as possible. 

The longer and more complex your application, the more likely you are to miss something during your reviews. This will result in you missing something important in your application. 

The other problem is that examiners only have so much time to review your application. If you make it too hard for them, they won’t bother trying to sort everything out. 

Four Common Mistakes 

Don’t fall into one of these common mistakes that people make when preparing their patent application. 

  1. Explaining what the invention does and not what is it and how it works. 
  2. Too vague or simplistic 
  3. Overly specific 
  4. Poor word choice 

One of the best ways to avoid falling into these traps is to consult with a patent attorney. They have experience in writing patents and can guide you to the best application for your invention. 

File Your Patent Application

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Now that you know how to write a patent, you are ready to start preparing your patent application. Remember, one of the easiest ways to avoid rejection is to ensure that your application is complete and clear. 

Check out our business startups section to find everything you need to protect your new business. 

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