Many of you are wondering why patent attorneys charge so much to produce a document called a patent application. A lot of people believe that patent attorneys are ripping off their clients because all they have to do is checkmark some boxes, send in some drawings, and you're good to go.
Well, let's get something straight. A patent application is more than some blank spaces with boxes to check. Now there are some forms like that too, but the process of making a patent application is actually quite complicated.
A patent application is kind of like a really tough and long term paper you had in high school or college. Only this term paper is a lot tougher because you will have some smart guy or gal in Alexandria, Virginia analyze just about every word of your patent application in excruciating detail.
Example: A patent examiner will ask you what you mean in claim 7 by the words "door knob". To you this may seem like common sense. A door knob is a door knob is a door knob. However, to the 4-eyed nerd in the USPTO he will say that well, there are round door knobs, there are steel door knobs, there are wooden door knobs, some are spring loaded, etc., etc., etc. You will be shocked at how a lot of times you will have to fight with them on what common every day words mean.
As a matter of fact, when it comes to patent lawsuits, the very first stage of a patent infringement lawsuit starts off with "Markman Hearings". Patent Litigation lawsuits are the only lawsuits in the USA that have "Markman Hearings". At these hearings, lawyers spend weeks arguing over what words mean. A patent infringement case can be won or lost simply by defining the meaning of the word "rubber band". Markman hearings are so important, in fact, that many attorneys believe that most patent infringement suits are won and lost in these hearings where people are arguing over what certain terms mean.
Anyhow, a patent application is made up of the following parts:
1.) The background of the invention. In this part you are basically describing the market for your device. Let's say that you invented a new golf club for short people that telescopes or something. You would describe the problems for short golfers and the needs that are being unmet in the marketplace. You don't describe your invention in this section. This is just background material. Patent Examiners rarely read this section of the patent application unless they are really bored and have nothing else better to do.
2.) Summary of the Invention. Self explanatory.
3.) Specification/Description of the Preferred Embodiments.
This part of the patent application is sort of like the box you get when you want to bake a cake by Betty Crocker. On the side of the box it will list all the ingredients. And on the back of the box, it will tell you how to mix those ingredients, how long to cook it and so on.
Well, you can think of this section of the patent application as the back of the Betty Crocker box and the ingredients. In this section you are basically trying to spell out how your invention works, how its made, what parts you made to use it, how to assemble it, etc. You only need to give as much detail as what a person "skilled in the art" would know (more on this term in a later blog post).
And also in this section you will be referring to your professionally made drawings. Ever bought a desk or cabinet at Home Depot, emptied out all the parts and pieces and opened up that white sheet of paper with the drawings, numbers, and instructions. Well, the specification is kind of like that. It will say, part X (102) is connected with part Z (103)...
4.) The Drawings. Self Explanatory
5.) Claims. Now here is where the real action comes into play. This section is where the rubber meets the road. This is where you claim what your invention really is and that part or section of it that is novel and protectable.
If you think about buying real estate or buying a home, every piece of real estate has title. And every title document has a description of where that parcel of property is located and what the boundaries of that property are. This may be done through coordinates, surveying, etc and by describing where that property line really is.
Well, that's basically what you are doing with the claims section. You are describing in painstaking detail exactly and precisely the boundaries of what you think is patentable about your invention.
6.) Abstract. The abstract is a short and sweet summary of your invention. It should be about one or two paragraphs that describes basically what the invention is. It does not have much legal significance in itself. It is just that first paragraph that comes up when someone is doing a patent search and wants to know quickly what your invention is really all about.
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