Patent Application Template & Notes

This is a template for a Utility Patent.
For novelty purposes only. Using this template without a lawyer is a bad idea.

Inventor:       Jane Doe

 

Specification

The Specification describes the technology in detail. The goal is to provide an instruction manual for other people to  make and use the technology (after the patent expires).  Later, the Claims will identify the parts of the technology that are actually new. Patent rights only cover the new parts identified in the claims.

 

Title. [Realtime Cloudbased Mobile Web App and Social Rootkit].  Keep it simple. The Title doesn't directly affect your rights, but use it as an opportunity to sell your invention. The title may affect non-expert valuations or jury opinions. 

 

Cross References to Related Applications. This application claims the benefit of Applicants’ prior provisional application, number [00/000,000], filed on [January 1, 2012]. Identify any prior related patents you have filed. Nothing exciting here.

 

Field of Invention. The technology relates to the general field of [social media software], and has certain specific application to [haptic boilerstrap software-as-aservice].

Keep the "field of Invention" short and general. You may not need a "Field of Invention" section at all.

 

Background

 

Broadly identify the problem that the invention solves.  Anything you say can and will be used against you, so keep it short. About 250 to 350 Words.

Lay groundwork for "Non-Obviousness": Unexpected results, Solution to Long-Standing Problem, Other scientists tried to invent this and failed. Use examples, not boilerplate. Do not admit anything is "Prior Art."

 

Summary

The disclosed [THING] does [RESULTS]. It may be used by [EXAMLEs].

Briefly summarize the invention. Identify the major components, but don't use limiting language. This can be tricky.

Like the background, keep it short. About 250 to 350 Words.

Continue with the "Non-Obviousness" groundwork: Unexpected results, Solution to Long-Standing Problem, Other inventors tried and failed. Again, use examples, not boilerplate. 

 

 

Brief Description of the Drawings

 

Various embodiments of the invention are disclosed in the following detailed description and accompanying drawings.

Fig. 1 illustrates a [three-quarter view of the crankshaft wingnut assembly].

Fig. 2 illustrates an [exploded view of the clockwork linchpin]

Fig. 3 illustrates ...

 

 

Detailed Description and Preferred Embodiment

The detailed description will make up the bulk of the patent. Start with some boilerplate "non-limiting" language: 

The following is a detailed description of exemplary embodiments to illustrate the principles of the invention. The embodiments are provided to illustrate aspects of the invention, but the invention is not limited to any embodiment. The scope of the invention encompasses numerous alternatives, modifications and equivalent; it is limited only by the claims.

Numerous specific details are set forth in the following description in order to provide a thorough understanding of the invention. However, the invention may be practiced according to the claims without some or all of these specific details. For the purpose of clarity, technical material that is known in the technical fields related to the invention has not been described in detail so that the invention is not unnecessarily obscured.

 

Next, I like to include a brief definition of important terms. Many attorneys do not. If you define terms, be careful not avoid limiting the scope of your invention or claims.

Definitions.

 

A. Computer-Readable Medium - is broadly defined to include any kind of computer memory, including, hard disks, solid state drives, flash drives, CDs and DVDs, and RAM.

B. Subliminal Transmogrifier - is a fine gossamer oxidizer for a wrought iron piston fuse. 

C. Clickable Mousover - is a pixelated peer-to-peer digital breadcrumb for mobile apps. 

 

 

The summary gave the overview of the invention. Now its time to dig into the details. Describe every component of the invention. Its often helpful to organize the Detailed Description in tandem with the Drawings. 

 

Figure 1  -  A Mechanical Component.

Figure 1 illustrates an overview of a preferred embodiment. It is a three-quarter view of the crankshaft wingnut assembly.

For mechanical components, try to describe: (a) Shape, Size, (b) Configuration, (c) Orientation (d) Function, (e) Cooperation with other elements, (f) Material, and (g) Substitutes

 

Figure 2  -  A Software Component

Figure 2 illustrates a block diagram of a preferred embodiment. Data is received from the femtosecond authentication array and concatenated with a cascading RESTful API call. Logarithmic read-only sampling of broadband metadata is developed in a bloatware feedback sequence.   

For a Software or Business Method Patent, use this structure: (a) System context, (b) Overview of Major Components,  (c) Details of Major Components (d) Examples of operation System context.  

Emphasize the relationship between the hardware and software. Use a block diagram to illustrate the system context.

Software Components:    Identify each major software component. How do the components interact? What data structures are used? What algorithms adjust the data? What data gets passed to the next major compnent?  

Physical Components: Identify physical resources. This may seem unnecessary to a software developer, but its critical for patents. You can't patent software as an abstraction. However, it is often possible to patent software  in relation to specific physical hardware and physical outcomes.

Block Diagram: Use block diagrams to illustrate the components, data structures, data objects and physical resources.

Details:    Write out component details in high-level “pseudo-code” and associate each block of pseudo code with a block in some flow-chart.

Examples:    Write an example a non-programmer can understand.

 

Note. Different examples and embodiments should use synonyms to describe similar or even identical features of the different embodiments.

 

Another Component

Figure 3 depicts another component....

 

Alternate Embodiment

Figure 4 depicts an alternate embodiment.

Describing alternative versions of the invention is important. It will help broaden the scope of the patent rights.

 

Conclusion.

 

End the Detailed description with some boilerplate. The Federal Circuit recently relied on this exact language in Honeywell Int'l, Inc. v. United States, to expand patent rights. 596 F.3d 800, 807-10 (Fed. Cir. 2010).

The disclosed embodiments are illustrative, not restrictive. While specific configurations of the [technology] have been described, it is understood that the present invention can be applied to a wide variety of [technology category]. There are many alternative ways of implementing the invention.

 

General Specification Notes:

Damages:  Consistently emphasize any close interrelationships between the invention (the new part) and the larger system (most of the overall system will be old technology). For example, emphasize how the improvement to this sub-feature will materially enhance the performance or commercial appeal of the overall system. This sets the stage for “System Level Damages.” 

Multiple Embodiments: Multiple embodiments are required. Otherwise, courts likely to limit invention to the single disclosed embodiment.

 

 

Claims


The Claims are the most critical patent lagnuage. They identify the parts of the technology that are actually new, and define the scope of the patent rights. Claim language should be BROAD BUT SPECIFIC. That is, it should claim a lot of property, but clearly define the boundaries. 

 

What is Claimed is:

  1. A realtime, cloud-based, mobile web app for social jalbreaking, comprising: 
    1. a Turing test,
    2. a vaporware firewall, and 
    3. a keystroke logging rootkit. 

      This is an "Independent Claim." It stands on its own. Its the broadest type of claim. Formalities. There are some rules you have to follow (don't look for a rationale). Independent claims start with "A" or "An" and use the word "Comprising." All claims, Dependent or Independent, are a Complete Sentence (often run-on). 
       
  2. The web app of claim one, wherein, 
    1. the Turing test receives version tracking data from the rootkit.

      This is a "Dependent Claim." It refers back to a previous claim. It also narrow the scope of the previous claim by adding an  additional "Limitation." 
       

Here are some different claim flavors from the claim buffet: 

  1. Apparatus Claim.
    1. "A computer system comprising..." list components necessary for processing
  2. Component Apparatus Claims. Claim the innovative component alone, and then claim it as part of a broader system:
    1. A disk drive comprising X, Y and Z.
    2. A computer system comprising a disk drive, X, Y and Z.
       
  3. Method Claim. Claim the steps in a process.
    1. Each claim should be specific to the actions of a particular party involved in distribution (don’t require a step from the user and a step from the user in the same claim).

  4. Product by Process Claim.
    1. Use if structure of invention is difficult to describe.
    2. But, this type of claim is only infringed by a product made by a substantially identical process.

  5. Computer Readable Medium (Beauregard) claim.


  6. Means-Plus-Function / Step-Plus-Function Claims.

 

§ 112 ¶ 6 limits functional claim scope to “structure, material or acts described in the specification and equivalents thereof.” Using words “means for” or “step for” creates a presumption of § 112 ¶ 6 limits.  Without these words, there is a   presumption that the § 112 ¶ 6 "means plus function" rule does not apply .
Use means plus function claims, but don’t rely on them solely.

 

  1. Strategic Claiming.
    1. Avoid "Restriction Requirements" from the Patent Examiner. 
      1. Glue Claim - A glue claim recites every limitation of every independent claim verbatim.
      2. Nephew Claims - Each independent claim has a dependent claim that corresponds to every other independent claim.


General Claiming Notes

Describe invention:   Language should be inclusive, but not ambiguous. Specific and comprehensive. § 112 ¶ 2.
Claim Novel Tools and Manufacturing as well as End Product.
Claim intermediate products in the manufacturing process.

Language:    Draft some claims using terms that are not in the specification.  If the verbatim term (as opposed to the concept) is used in the specification, it may be easier for an opponent to later argue that the claim scope should be limited to the description in the specification (as opposed to the broader underlying inventive concept).

Infringement:    Try to claim Direct, Detectable, Undivided, Domestic Activity.
Is the claim directed at a party with deep pocket?
If multiple deep pocket parties, draft claims targeted at each one.
Litigators want claim language that identifies specific features and can be readily applied to an accused product.

Damages:    Aim for System-Level Damages. One of the claims should be directed to the entire system.



Abstract

A system for X is disclosed. The system DOES SOME THINGS. The disclosed system PRODUCES SOME RESULTS.

The Abstract helps classify the invention in the Patent Office. Not exiting. 150 words max. 

 

 

Drawings

Document Discussion

Suggestions welcome. This is an early draft, and needs some work. Many of the notes are directed towards sophisticated patent issues, and gloss over the basics. I'd like to add more basic explanations.

Eric Adler

4 81,505 14

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