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Patent Applications - How To File For A Utility Patent

Writing The Specification And Descriptions For A Utility Patent

By , About.com Guide

The description, together with the claims forms the bulk of your patent application. It is here that you give a full account of your invention. The description begins with background information relevant to the invention and describes the invention in increasing levels of detail. One of your goals in writing the description is to compose it so that someone skilled in your field would be able to reproduce it just from reading your description and looking at the drawings.

Reference Material

BACKGROUND OF THE INVENTION

This section should include a statement of the field of endeavor to which the invention pertains. This section may also include a paraphrasing of the applicable U.S. patent Classification Definitions or the subject matter of the claimed invention. In the past, this part of this section may have been titled "FIELD OF INVENTION" or "TECHNICAL FIELD."

This section should also contain a description of information known to you, including references to specific documents, which are related to your invention. It should contain, if applicable, references to specific problems involved in the prior art (or state of technology) which your invention is drawn toward. In the past, this section may have been titled "DESCRIPTION OF THE RELATED ART" or "DESCRIPTION OF PRIOR ART."

BRIEF SUMMARY OF THE INVENTION

This section should present the substance or general idea of the claimed invention in summarized form. The summary may point out the advantages of the invention and how it solves previously existing problems, preferably those problems identified in the BACKGROUND OF THE INVENTION. A statement of the object of the invention may also be included.

BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING

Where there are drawings, you must include a listing of all figures by number (e.g., Figure 1A) and with corresponding statements explaining what each figure depicts.

DETAILED DESCRIPTION OF THE INVENTION

In this section, the invention must be explained along with the process of making and using the invention in full, clear, concise, and exact terms. This section should distinguish the invention from other inventions and from what is old and describe completely the process, machine, manufacture, composition of matter, or improvement invented. In the case of an improvement, the description should be confined to the specific improvement and to the parts that necessarily cooperate with it or which are necessary to completely understand the invention.

It is required that the description be sufficient so that any person of ordinary skill in the pertinent art, science, or area could make and use the invention without extensive experimentation. The best mode contemplated by you of carrying out your invention must be set forth in the description. Each element in the drawings should be mentioned in the description. This section has often, in the past, been titled "DESCRIPTION OF THE PREFERRED EMBODIMENT."

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