Structure of a Patent - Explained
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What is Filing a Patent?
Obtaining patent protection for a new creation requires filing an application with the USPTO. Unlike trademark and copyright, there are no common law rights in a patent. Each type of patent application (utility, design, and plant) is broken down into the specifications section and claims section. Each type of patent also has optional material that may be included.
What is a Patent Specification?
The specification provides a description of the process for creating and using the claimed invention. The primary portions of the specification are as follows:
- Invention Title: The title should be short and descriptive of the invention. You should not use the commercial name or the business name.
- Invention Background: This section should describe the proposed inventions area of utilization. You may begin to describe the genesis for the invention and how it departs from other art in the field.
- Summary of the Invention: Give a brief description of the invention, what need or want it addresses, and the value proposition of the invention for end users.
- Drawings and Descriptions: You should include several line-figure drawings of the invention. You will want to include as many views (perspective, section, cut away, detail, etc.) of the item as it needed to provide a thorough description of each portion. Number each portion of the invention and provide its source (prior patent reference) or provide a brief description of it.
- Note: A patent application pertaining to a combination of existing subject matter patent should describe how the previously disclosed items are used to create new utility.
- Invention Detailed Description: Her you will give a detailed description of the invention. It should describe the utility of the invention and how it is differentiated with regard to other art in the field. You will also describe the best mode of production of the invention. You may also include references to or elaborate upon the description of the individual portions of the drawings. The detailed description should provide sufficient information to allow a person skilled in this type of invention (PHOSITA) to use or employ the invention. The PHOSITA should have to undertake much work or further study to employ the creation.
What is the Claims Section?
The claims section identifies the attributes of the invention that are claimed as proprietary. The claims section provides the extent of protection afforded by the patent. As such, you will identify individually the claimed aspects of the invention. Number each claimed element separately. You may include drawings to further explain the invention and each claimed element. You may reference the same drawings as included in the specification. If the drawings are necessary to understand the claims, failure to include them may result in a denial of patent.
- Intellectual Property Law (Intro)
- What is Intellectual Property?
- What is the purpose in granting intellectual property rights?
- What is required to capture or secure intellectual property rights?
- California Labor Code 2870
- What are Trade Secrets?
- Non-Disclosure Agreement
- Patents or patent rights?
- Letters Patent
- Primary types of patents?
- What Can I Patent?
- Requirements for a valid patent?
- Can your Invention be Patented?
- What is a Patentability Search?
- When is a Patentability Search Necessary?
- Why is a Patent Search Important?
- Requirements for a design patent?
- How to Do a Design Patent Search
- Cost of a Design Patent
- Requirements for a utility patent?
- Why Do You Need a Utility Patent?
- Plant Patent?
- Process for securing patent rights?
- Patent Search
- Basics of Doing a Patent Search
- 5 Rules for Effective Patent Searches
- What are Patent Databases?
- Tools for Patent Searches
- DIY Patent Search
- Understanding Patent Keyword Searches
- Patent Searches for Software
- Doing a European Patent Search
- WIPO Patent Search
- Cost of Doing a Patent Search
- Patent Search vs Patent Analysis
- Structure of a Patent
- Patent Filing Date
- Patent Attorney
- Do You Need a Patent Lawyer?
- Applying for Design patent
- Provisional Patent?
- Applying for Provisional Patent
- Doing a Provisional Patent Search
- How to Draw Up a Provisional Patent
- Converting a Provisional Patent to a Non-Provisional Patent
- What Does Patent Pending Mean?
- Process for enforcing ones patent rights?
- Patent Infringement
- Patent Troll
- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
- What international protections exist for intellectual property rights?
- Paris Convention