What Is Required For A Patent Application? Before you apply for a patent, make sure to research the patentability of your invention and determine if it meets the requirements of the U.S. Patent Eligibility Program. Patent and Trademark Office (USPTO).
Good way to start is by identifying the elements of your invention. This will allow you to better define the terms “enablement”, “definiteness,” “best mode,” and ‘novelty.’ In addition to a description, you’ll need to include examples and supporting data, and even drawings that show the different versions of your invention. The following section is an overview of these elements.
Basic Requirements for Filing a Patent application?
The U.S. Patent Act sets one of the most broad standards in patentability among all countries. You must consider the requirements for patentability when you file a provisional application or non-provisional patent application. Patentability requires that the invention be statutory, novel and useful. Some requirements, such novelty or non-obviousness may require a preliminary patent search to ensure that the invention is patentable. an invention is patentable only if it meets the following four requirements:
#1. Novelty
To qualify for a patent, an invention must be “new” and unpublished in the public domain. It must also be new and not part of the state of the art. Publicly published inventions are considered prior art and not new. It is therefore important for the inventor to prove novelty in his or her application. For example, a new battery technology cannot be patented if it has already been published in the public domain.
If you are wondering whether your invention is “new,” a prior art search can help you make your case stronger. This type of search searches public databases for prior patents that claim your invention. If there is, the attorney can document the differences and similarities.
In some countries, a patent application can be rejected if the prior art has been published before it was disclosed in the public domain. In the United States, there is a one-year grace period after the publication of the prior art. This period is not affected by subsequent publication or sale of the invention.
#2. Enablement
A court may rule that an invention lacks enablement if a working example is not available. This decision is based on how broadly the patent specification enables the claimed invention. In other words, the invention may be enabling if a skilled person can create the same effect with the same methods and materials without undue experimentation. There is no way to prove enablement based solely on post-filed data.
To avoid a rejection, the drafter must provide working examples and prophetic examples that demonstrate the claimed invention. Working examples are based on actual work performed, while prophetic examples are based on predicted results. In addition to providing working examples, the drafter must provide an adequate description of the alleged invention.
Depending on the nature of the claimed invention, practitioners may choose to describe it in different ways. For instance, the practitioner may choose to make patent claims to cover a genus, a sub-genus, or a species. A claim may be broad, but a narrow, encompassing claim may be able to protect the entire patent. This approach is reminiscent of what the Federal Circuit and EPO have ruled on enablement.
#3. Definiteness
To protect the rights of an inventor, patent laws require that claims be as definite as possible. The requirement of definiteness is known as the “definiteness standard,” and it is intended to provide public notice of ownership of the patent and discourage infringement. This requirement is critical in deciding whether an invention qualifies for a patent. To learn more about the definiteness standard, read below.
The definiteness requirement is the foundation of a patent’s protection. If the claims are too vague, the application will fail. This can be resolved by reciting a portion of the claim as a “step in performing a function,” or “means for fastening an object. But these claims are only sufficiently definite if the patent specification describes the corresponding structure.
However, if the claim is indefinite, the examiner must acknowledge the applicant’s best efforts and provide reasons for his decision. In a case where the claim was not definite, the examiner may suggest alternate methods to avoid infringement. If the applicant can demonstrate that the claim is definite, the examiner may accept it. In the end, the applicant should be given the opportunity to suggest alternative methods and arguments.
A patent application with a claim that lacks definiteness will be rejected if the examiner cannot determine a determinable embodiment of the invention. For this reason, a patent application is required to contain a definite claim.
#4. Best mode
In the best mode of filing a patent application, the inventor will disclose what they prefer. The applicant should be specific about their preferences; otherwise, they could end up obscuring their invention. In some cases, it is better to include the preferred method, while in others it is better to exclude it altogether. However, it’s important to be clear about your preferences and make sure that your patent prosecutor knows about them.
A written description of the invention must include the preferred mode of performing the invention. This description must be comprehensive and precise, and should include the preferred method of performing the invention. Besides, the written description must be detailed in a way that allows the examiner to make the best decision. The inventor should also provide an example of the preferred mode of performing the invention. This way, the examiner can easily determine whether the invention is new or has been around for a while.
Moreover, the best mode requirement also provides protection to the public. The purpose of the best mode requirement is to prevent the public from leaking an invention’s secret or trade secrets.
#5. Sworn oath
A Sworn Oath for a Patent Application is required by 37 CFR 1.63. In it, the applicant must state that they are the inventor of the invention and the title of the invention on the specification as filed. The oath or declaration should include the name of the inventor, the serial number of the application, and the filing date. An applicant may use their last name or their family name to identify themselves.
In addition, the applicant must swear that he/she is the first or original inventor of the invention. The applicant must also state their country of citizenship. If a joint inventor is involved, the applicant must include their names in the Sworn Oath. In addition to the oath and declaration, the applicant must sign the corresponding assignment statement. If both co-inventors are listed on the application, the inventor must state their respective roles as joint inventors.
If a patent application is not a provisional application, the applicant must execute an oath or declaration as part of the patent application. The oath must state that the inventors are the original inventors of the invention and that they have authorized the application. The oath or declaration must be signed in accordance with 37 CFR 1.33(b)(1). If it is not signed, the application will be treated as a transmittal letter.
#6.Drawings
There are several reasons why patent drawings are essential to the patent process. They help determine whether an invention is novel and not obvious, and they help establish priority of the invention, particularly in first-to-file countries. Quality patent drawings make the entire process much easier, and they have even been used by the United States Court of Appeals for the Federal Circuit. However, it’s important to remember that even if your invention is obvious, patent examiners may not appreciate it if you’re not providing patent drawings.
Some inventors may not want to hire a patent illustrator, so they decide to draw the drawings themselves. This is a risky tactic, however, and you could lose your patent if your drawing skills are lacking. For non provisional patents and chemical formulas, however, drawings must be provided. Regardless of the type of patent application you are filing for, you should always include as many drawings as possible.
All drawings must be numbered. In addition to page numbers, they must be positioned so that they can be easily read. Drawings should be on A4-sized sheets with margins of at least three centimeters at the top, bottom, and right. They should be at a scale large enough to clearly depict the invention. Dimensions should not be outlined on the drawings. Drawings must be numbered consecutively and have the applicant’s name, signature, and sheet number.
Prepare patent application
Now you can begin the patent application process. You must provide specification for every patent that you file. Based on the stage of your invention, you can choose between a complete (utility patent application) or provisional patent application. If you are still trying out your invention, you will need to file a provisional application for a patent. You have 12 months to finish the invention and file a complete patent application.
When drafting your patent application, you need to be careful. You should detail the clauses that describe the usability and result of your invention in your patent application. Include the necessary clauses, including whether you intend to license your invention or prevent competition from using your invention. When drafting your patent application, take care to include clauses that will prevent others from using your technology.
Documents Required for Patent Registration
The vast majority of patents can be classified as utility patents. These patents cover new and useful processes, machines or manufactures, as well as improvements to previously patent subject matter. The EFS Web system allows you to apply online for a utility patent. You can also mail your application or hand deliver it. An applicant must submit the transmittal, the application information, a specification detailing the invention, with at least one claim, as well as an executed declaration. Additional materials, such as drawings or tables, may be required depending on the nature and extent of the invention.
The following elements should be included in a complete utility patent application. These elements are described in the sections below:
- Utility Patent Application Transmittal Form or Transmittal Letter
- Appropriate fees
- Application Data Sheet (see 37 CFR, SS 1.76)
- Specification (with at most one claim)
- Drawings (when needed)
- Executed Oath, or Declaration
- When necessary, Nucleotide or Amino Acid Sequence Listing
- When necessary, large tables or computer listings
A good patent application requires specialized skills and years of practice in patent law, case law and technology.
Good patent applications should not only serve the examination stage, but should also help you in commercialization stage. This is where patents can make money.
It all depends on how serious you are about your invention when deciding whether to hire a patent agent or an attorney.
A good original idea can be the starting point for an invention that can be protected with a patent and can be turned into profits and financial gains
