Posts Tagged: how to write a patent application


Patent Drafting: Proving You’re in Possession of the Invention

The purpose of the written description requirement is broader than to merely explain how to make and use the invention, which is the subject of the enablement …
By Gene Quinn
1 month ago 3

Patent Drafting 101: Say What You Mean in a Patent Application

When drafting a patent application it is always the best policy to never assume anything. It is dangerous to assume that the reader will fill in any …
By Gene Quinn
2 months ago 1

Patent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent Application

You absolutely want to file a patent application with a description that is a mile wide — that part is good — but you also need to also drill …
By Gene Quinn
3 months ago 2

Definiteness and Patent Drafting: The Nautilus Surfaces

Two seminal cases illustrate the techniques of analyzing definiteness in a post-Nautilus world. One case followed Nautilus and the other preceded it, but that case demonstrates what …
By Joseph Root
8 months ago 0

Optimizing Patent Applications: Drafting to Withstand Challenge

Drafting a patent application can be a daunting task, particularly today where virtually every commercially valuable patent will likely be challenged at the Patent Trial and Appeal …
By Gene Quinn
8 months ago 2

Patent Drafting for Beginners: The anatomy of a patent claim

First, every patent claim needs a preamble, which is the introductory phrase in a claim... Second, every patent claim needs a transition. The most common transitions are: “…
By Gene Quinn
1 year ago 21

Patent Drafting: Describing What is Unique Without Puffing

In fact, many times the patentably relevant information is not described as well as largely irrelevant information about marketing strategies and likely consumer demand. Discussion of what …
By Gene Quinn
1 year ago 0

An Introduction to Patent Claims

The examination you receive from the patent examiner is never going to be any better than the patent claims you provide. If you provide preposterously broad patent …
By Gene Quinn
2 years ago 3

Patent Drawings: An Economical Way to Expand Disclosure

U.S. patent law requires a patent applicant to furnish at least one patent drawing (sometimes referred to as a patent illustration) of the invention whenever the …
By Gene Quinn
2 years ago 2

The Best Mode Requirement: Not disclosing preferences in a patent application still a big mistake

The best mode requirement still exists, although the America Invents Act (AIA) has largely removed any consequences for failing to disclose the inventor’s best mode, which …
By Gene Quinn
2 years ago 6

Patent Drafting: Learning from common patent application mistakes

One of the biggest mistakes I see inventors make is they spend too much time talking about what the invention does and very little time explaining what …
By Gene Quinn
2 years ago 0

Best Practices for Drafting Software Patent Applications post-Alice

Don't be afraid to make the technical disclosure long, dense and difficult to read, at least for those without technical training. In my opinion one of the …
By Gene Quinn
2 years ago 12

Patent Drafting: Thinking outside the box leads to the best patent

It is absolutely essential to think outside the box when describing your invention in any patent application. Stop and think about different ways that your invention can …
By Gene Quinn
3 years ago 12

Patent Drafting: Include Alternatives and Variations to Claim Limitations

Recent Federal Circuit reasoning should make a patent drafter decidedly averse to single-embodiment patent applications, with good reason. Unfortunately, real-world constraints, principally centering on budget and time …
By Joseph Root
3 years ago 1

Drafting Patent Applications: Writing Method Claims

Method or process claims are relatively easy to write once you know what the core invention is and what is necessary to be included in the claim …
By Gene Quinn
4 years ago 12