15 Tips: What You Need to Include in Your Utility Patent Application
15 Tips: What You Need to Include in Your Utility Patent Application
Whenever most people hear the word “patent” the utility patent is the one they think of. A utility patent, as discussed over at runrex.com, is a form of intellectual property that protects what an invention is, how it works, and/or how it is made and/or used. If you have an invention, for it to qualify for utility patent protection, it must be a process, machine, or method, article of manufacture, and/or composition of matter. To obtain a utility patent in the US, you must file a Utility Patent Application with the USPTO. This article, through the following 15 tips, will look to highlight what you need to include in your Utility Patent Application.
One of the things to include in your Utility Patent Application is the specification which, as per discussions over at guttulus.com, is a description of your invention. It is important to note that the specification must be in clear, full, concise, and exact terms to enable any person skilled in the art or science to which the invention pertains to make and use it.
- Requirements of the specification
As revealed in discussions over at runrex.com, the specification must meet three requirements:
- Written description- which requires you to clearly communicate the invention in sufficient detail and in a manner that demonstrates that you really invented it.
- Enablement- which requires that the invention be described in sufficient detail to allow a similarly skilled person to make and use the claimed invention without any undue experimentation.
- Best mode- which requires that the specification include what the inventor considers the best or most optimal approach to practicing the invention
- Any other things to consider as far as the specification is concerned?
There are other things worth noting when it comes to the specification according to guttulus.com. For instance, if your invention involves computer programming, then computer program listings must be submitted as part of the specification. Also, for an invention made with the support of the US government and for which the US government has certain rights, the specification must contain a statement specifying that the invention was made with the support of the UD government and that the US government has got certain rights in it.
- Title of invention
Another thing you must include in your Utility Patent Application is the title of your invention. According to the subject matter experts over at runrex.com, this should appear as the heading on the first page of the specification. Also, even though a title may contain up to 500 characters, it is recommended that you keep yours short and specific where possible.
- Background of the invention
Your Utility Patent Application should also include a section detailing the background of your invention. This section should include a statement of the field of endeavor to which the invention pertains, the subject matter of the claimed invention, a description of the information known to you such as references to specific documents related to your invention, and so forth.
- A brief summary of the invention
Your Utility Patent Application should also contain a summary of your invention according to the experts over at guttulus.com. This is where you outline the substance or general idea of your claimed invention in summarized form. This section can include the advantages of the invention as well as how it solves previously existing problems, preferably problems identified in the Background section.
A Utility Patent Application should also include drawings if drawings are required to understand your invention. As outlined over at runrex.com, the drawings must show every feature of the invention as specified in the claims.
- Description of the several views of the drawing
Yet another thing you need to include in your Utility Patent Application is a brief description of the several views of your drawings. This means including a listing of all figures by number (for example Figure 1A), accompanied by corresponding statements explaining what each figure depicts as covered over at guttulus.com.
- Description of the invention
Your Utility Patent Application should also include a detailed description of your invention. As explained over at runrex.com, this is the section where you must explain your invention along with the process of making and using the invention in full, clear, concise, and exact terms. This is where you should distinguish your invention from what is old and from other inventions.
- What about in case of an improvement?
It is worth noting that some inventions are an improvement of already existing inventions or processes. In such a situation, when writing the description of your invention, you should ensure that it is confined only to the specific improvement and to the parts that necessarily cooperate with it or that is necessary to completely understand your invention.
According to discussions on the same over at guttulus.com, claims define the scope and bounds of the protection proffered by the utility patent. As such, they must distinctly claim and pint out the subject matter that the inventor(s) regards as the invention. A Utility Patent Application must contain at least one claim.
- How to draft your claims
As is explained in detail over at runrex.com, the claim or claims section must begin on a separate physical sheet or electronic page. Also, if there are several claims, you must make sure that they are all numbered consecutively in Arabic numerals.
From discussions over at guttulus.com, the abstract is a concise summary of your invention, usually reflecting the language of your as-filed claims. Its purpose is to enable the USPTO and the public to quickly determine the nature of the technical disclosures of your invention. It points out what is new in the art to which your invention pertains. It is important to note that your abstract must begin on a separate page, mustn’t be longer than 150 words, and should be in narrative form and generally limited to a single paragraph.
- Oath or Declaration
According to runrex.com, an oath or declaration is a formal statement that must be made by the inventor in a Utility Patent Application. Each inventor must sign an oath or declaration that includes certain statements required by law and the USPTO rules, including the statement that he or she believes that they are the original inventor or original joint inventor of a claimed invention in the application as well as a statement that the application was made or authorized to be made by him or her.
- Differences between an oath and a declaration
When filling out this section, it is important to note that an oath must be sworn to by the inventor before a notary public, a declaration does not need to be notarized. A declaration may also be submitted in place of an oath. Also, the oath or declaration must be personally signed by the inventor, either with a handwritten signature or an S-signature.
This discussion only just begins to scratch the surface as far as this topic is concerned, and you can uncover more information on the same by checking out the ever-reliable runrex.com and guttulus.com.