Patent Notes - fcrimins/fcrimins.github.io GitHub Wiki

A patent is a description of an idea that is novel or unique, useful, and non-obvious.

  • novel or unique - the invention must claim some new element/feature/function or combination
  • useful - must include sufficient details such that a skilled person can make and use it. i.e. how does it work? can't patent a time machine
  • non-obvious - must have a specific inventive step not obvious to others (a big enough step)

Disclose

  • novel features
  • novel features that were considered but left on the drawing board
  • future potential features (for me or others)
  • any other related novel ideas

3 Parts

  • background & problem (and make sure the problem comes before the solution, not the other way around)
    • invention domain - 1-2 paragraphs max, start broad, describe problem, not solution
    • concrete example (brief)
    • prior art table - clean and effective format (columns: keywords, prior art, citation, description & disadvantages)
    • known solutions and drawbacks to them (and why is an additional solution required)
  • summary (including differentiating prior art, examples, figures)
    • high level description (1-3 sentences)
    • 1-3 more sentences describing advantages of proposed solution
  • implementation details
    • preferred realization/embodiment - 3-5 sentences, concrete terms to be broadcasted throughout the patent, high level
    • impl details - most important section, vivid detail, numbered outline effective (8-12 items), can translate directly to attorney claims
    • example - 1-2 paragraphs or a list, concrete, perhaps reference earlier example
    • optional: alternative realizations, graph/diagram/visual aid, more examples

Beware the "magic box." Don't just say what something does (e.g. transform input to output) say how it does it.

Patent Anatomy

  • First page
    • filing, publication, issue dates
    • citations & related stuff
    • abstract
  • Figures
  • Spec
    • define terms used in claims, like a legal doc
    • explain figures
    • describe preferred realization of the idea and alternatives
  • Claims
    • define invention
    • specify what's specifically being asserted against an potential infringer
    • let the spec drive the claims
    • e.g. "A method comprising..." "A computer software product comprising..."
    • make them as broad as possible, but also include narrow claims in case broad ones are overturned
    • Would there be a single party doing the infringing? If not, create separate claims for each party. Are there words or elements of the claims that are unnecessary? Is the first claim small and concise as possible? Are all terms well-defined in spec? Typos?
    • use the word "device", not "computer"

Links