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Patent Information

Preparing the Application

The application preparation is often seen as the heart of the process—this is where your idea becomes a legal document that defines the scope of your rights. Preparing a non-provisional utility patent application is detailed and precise because it's a legal and technical blueprint of your invention.

NOTE: Many applicants hire a patent attorney or agent to help draft the application, especially the claims, which determine your legal protection.

Components of a Non-Provisional Patent Application

Specification

This is the detailed written description of your invention. Think of it as your instruction manual to the USPTO.

Must include:

  • Title: Brief and accurate.
  • Background: What problem does this invention solve?
  • Summary: A broad overview of what the invention does.
  • Detailed Description: Step-by-step explanation of how it works, including preferred embodiments (versions).
  • Best Mode: The version you believe works best (required by statute).
  • Drawings Reference: If there are figures, describe what each one shows.

Goal: Teach someone "skilled in the art" how to make and use your invention without undue experimentation.

Claims (Legal Core of the Patent)

These define the legal boundaries of your patent—like a property deed for your invention.

  • Independent claims: Broad, stand-alone definitions of the invention.
  • Dependent claims: Add specific features or improvements to the independent ones.

What matters: You only own what you claim. If it’s not in the claims, you can't enforce it.

Best practice: Start with broad protection, then narrow as needed during prosecution. Most applications have 1–3 independent claims and 10–20 total claims.

Drawings (If Applicable)

Drawings are required when visuals help explain the invention. Even simple inventions benefit from clear figures.

Common drawing types:

  • Flowcharts (for processes/software)
  • Mechanical diagrams (for machines)
  • Schematics (for circuits)
  • Cross-sections or exploded views

Requirements:

  • Must be black and white, line drawings.
  • No shading, unless for specific depth or transparency.
  • Use reference numbers consistently with the specification.

Abstract

A short (less than or equal to 150 words) technical summary of the invention.

This is used by USPTO examiners and patent searchers to quickly understand your invention.

Tips:

  • Mention the problem, solution, and key features.
  • Avoid marketing language.

Oath or Declaration

A signed statement affirming that:

  • You are the original inventor.

  • You’ve reviewed and authorized the application.

  • You understand your duty to disclose all relevant information.

Filed via Form AIA/01 (or its equivalent). Can be submitted with the application or shortly after.

Instructions for Form AIA/01

Information Disclosure Statement (IDS)

You are legally obligated to tell the USPTO about any known prior art (e.g., similar patents, publications) that could be relevant to your invention’s patentability.

  • Filed with the application or within 3 months of finding new prior art.
  • Shows that you’re acting in good faith—failure to disclose can invalidate your patent later.

Optional but Strategic Inclusions

  • Microentity/Small Entity Certification: To get discounted filing and maintenance fees.
  • Petitions: E.g., for expedited examination (Track One), revival of abandoned applications, etc.