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The
description, together with the claims, is often referred to as the specification.
As this word suggests, these are the sections of the patent application
where you specify what your machine or process is and how it differs from
previous patents and technology.
The description starts off with general
background information and progresses to more and more detailed information
about your machine or process and its parts. By starting with an overview
and continuing with increasing levels of detail you guide the reader to
a full description of your intellectual property.
You must write a complete and thorough
description as you cannot add any new information to your patent application
once it is filed. You can only make changes to the
subject
matter that could be reasonably inferred from the original drawings
or description. Professional help may be of benefit to ensure maximum protection
for your intellectual property. Be careful not to add any misleading information
or omit relevant items.
Although drawings are not part of
the description you should refer to them to explain your machine or process.
Where appropriate, include chemical and mathematical formulae in the description.
Consider this example
of a description of a collapsible tent frame. The applicant begins by giving
background information and quoting previous similar patents. The section
then continues with a summary of the invention which provides a general
description of the tent frame. Following this is a listing of the figures
and a detailed description of each element of the tent frame.
The description of this patent for
an electrical
connector is divided into background of the invention (including the
field of the invention and prior art), summary of the invention, a brief
description of the drawings, and a detailed description of the electrical
connector.
Below are some 'how to' instructions
to help get you started. When you are satisfied with the description you
can begin the claims section. Remember
that the description and claims are the bulk of your patent application.
How to Write the Description
When writing the description, try
to follow this order unless you can describe your intellectual property
better or more economically in another way. The order is:
-
title
-
technical field
-
background information and prior art
-
description of how your invention addresses
-
a technical problem
-
list of figures
-
detailed description of your invention
-
one example of intended use
-
a sequence
listing if relevant
It might be helpful to jot down brief
notes and points to cover under the above headings and use this outline
to write from.
1. Begin on a new page by
stating the title of your invention. Make it short, precise and specific.
For example, if your invention is a compound, say "Carbon tetrachoride"
not "Compound". Avoid calling the invention after yourself or using the
words new or improved. Aim to give it a title that can be recognized by
people using a few key words to do patent searching.
2. Then write a broad statement
that gives the technical field related to your invention.
3. Continue by offering background
information that people will need to understand, search or examine your
invention.
4. Discuss the problems that
inventors have faced in this area and how they have attempted to solve
them. This is often called giving the prior art. Prior art is the published
body of knowledge that relates to your invention. It is at this point that
applicants frequently quote previous similar patents.
5. Then state in general terms
how your invention solves one or several of these problems. What you are
trying to show is how your invention is new and different.
6. List the drawings giving
the figure number and a brief description of what the drawings illustrate.
Remember to refer to drawings throughout the detailed description and to
use the same reference numbers for each element.
7. Describe your intellectual
property in detail. For an apparatus or product, describe each part, how
they fit together and how they work together. For a process, describe each
step, what you start with, what you need to do to make the change, and
the end result. For a compound include the chemical formula, the structure
and the process which could be used to make the compound. You need to make
the description fit all the possible alternatives that relate to your invention.
If a part can be made out of several different materials, say so. You should
aim to describe each part in sufficient detail so that someone could reproduce
at least one version of your invention.
8. Give an example of an intended
use for your invention.
Note: You should also include any
warnings of commonly used in the field that would be necessary to avert
failure.
9. If relevant, provide the
sequence
listing of your compound. The sequence is part of the description and
is not included with any drawings.
One of the best ways to understand
how to write a patent is to take a look at already issued patents. Visit
the USPTO online
and do a search for patents issued in your area of invention.
Next
page > Patent Claims
The source of this information on
writing patent descriptions came from the Canadian Intellectual Property
Office. The tips would also be helpful for patent applications to the USPTO
or WIPO. The CIPO is in no way affiliated with Primedia/About.
File
To file an application means to
present a formal application for a patent to the Patent Office.
Sequence listing
Sequence listing means, in respect
of an invention, a part of the description of the application, which gives
a detailed disclosure of the nucleotide and/or amino acid sequences and
other available information.
Subject matter
The technical content of a patent
or patent application in the description, claims and drawings. |
