The utility patent is composed of two parts, the patent specification and the drawing. The specification is a written description of the invention as well as the mode of manufacturing and using it. The specification shall compose of sections such as title, cross reference to related applications, statement, background, brief summary and description of the invention, description of views of drawing, claims, abstract of the disclosure and drawings. The title should be brief and specific and must contain at least 500 characters. The specification may be made when applicable; if appropriate it must contain a reference to the previous application.
A statement with regard to federally sponsored study is not required when filing an application for patent and majority of patent do not have this section. The section for the background of the invention is divided into two subsections. The field of invention provides a classification definition on the field to which the invention fits in. In addition to the field of invention, the section of background also includes a description of the related art. The description provides description of the prior art and distinguishes the new invention from that prior art.
A brief summary of the invention includes a description of its nature and substance. It shall correspond to the invention as claimed. Whenever there are figures in the application, it shall be listed and numbered and captions shall be provided for each figure. Meanwhile, under the section of the description of the invention, the device or creation shall be described in detail and terms, which provide support to the claims, shall be defined clearly. Figures shall also be described in detail under this portion of the application. The specification must end with a claim particularly pointing out and distinctly claiming the invention.
The claim is considered as the most important part of the application since it define the scope of the protection afforded by the patent and which query of infringement are reviewed by the court. The claims can be classified as independent and independent. The independent claims are the claims that are not dependent on other claims while the dependent claims are the claims that are dependent on the others. A brief abstract of the technical discovery in the specification must be set forth on a separate page and must contain 150 words utmost.
The purpose of the abstract is to enable the USPTO and the public to determine in a hasty assessment the nature and substance of the technical disclosure. Drawings and figures must be present in the specification if it will provide a clear understanding of the invention. The drawing must cater every feature of the invention and must be in particular form. The Office determined a detailed standards on the paper on which the figures are going to be made as well as the format. The specification made by the Office is for the ease of understanding the drawings and the patent descriptions by the public.
Identification of the drawings can be done by incorporating the title of the invention, the inventor’s name, the application number, the attorney’s name and the docket number. These details should be located on the top center of the page. The Office identified various types of patent application and these are (1) patent disclosure document, (2) provisional patent application and (3) non-provisional patent application. The patent disclosure document is not really a patent application, however this document serves as an evidence as the date of conception of an invention. The Office kept the document for two years.
The provisional patent application can be filed without a formal patent claim, oath, or any information disclosure statement. Provisional is more informal and inexpensive to file as compared to the non-provisional patent application and it is automatically discarded after a year. The inventor can label his invention as “pending patent” when he filed his invention in as provisional. Meanwhile, the non-provisional patent application is a utility patent application that is not provisional. It is divided into three: (1) regular, (2) divisional, (3) continuation and (4) continuation-in-part patent application.
A regular patent application does not declare priority over other patent applications. The divisional patent application is a type of continuation patent application that claimed one or more inventions. The Office requires the applicant to choose only one of the claims and discard the claims from other inventions. The continuation application is a patent application that uses the disclosure and claims of the parent application. Meanwhile, the continuation-in-part patent application is a non-provisional application that uses the disclosure of the parent application and an additional disclosure from other application.