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The patent application is a written description of your invention, somewat like a technical manual, and certain formalities must be observed.
First of all, the patent application must contain "a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out [the] invention." (35 USC ß112, first paragraph)
A certain format is expected of the application, and it must contain one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention or discovery. (37 CFR ß1.75(a))
The "gist" of the invention will often be repeated in the summary, detailed description, claims and abstract, in various ways. There are various parts to a patent application, as follows:
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The Title should be short and general. |
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The Technical Field is a very short statement in the patent application which is intended to aid the Patent Office in properly classifying the application for examination. This is not the "invention". |
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The Background Art is where the stage is set for your invention. What is out there? What are some of the shortcomings? What problems are going to be solved by your invention. This is not the "invention". |
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The Summary is relatively meaningless. It normally contains a repetition of the main claims. It may contain some general statements about the invention and its advantages. |
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The Brief Description of the Drawings is simply short statements saying what the views are, and whether the drawing is illustrative of the prior art or of the invention. |
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The Detailed Description of the Invention is where the invention is explained in detail, referencing the drawings, etc. "Detailed" means just that – detailed – often boring, including alternatives, including "best mode", including ..... everything. Prior art may also be discussed here, as appropriate – for example, to introduce another step in the invention. |
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The Claims define the metes and bounds of the invention. Everything in the claims needs to be supported by the preceding description(s) of the invention. This is what is supposed to tell the world what your invention is, so that they can decide whether they want to infringe it. This is the measuring stick. This is what gets infringed – claims. The claims are very important. |
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The Abstract is a relatively meaningless paragraph which is supposed to summarize the disclosure. This is typically a classification (searchability) thing. This is not the invention. |
Read more about Patent Application Basics
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