A patent specification will shape the destiny of your invention, determining if it will achieve recognition or fade into anonymity. Therefore, any ambiguity or insufficiency while writing it can put you at risk of losing the grant.

It’s understandable how challenging it can get to write the specification document with all its legal and technical jargon. But fret not; we’ve got you covered. 

Here’s a simple guide to help you understand what is patent specification and how to write it so you can get your grant approved without any obstacles. 

What is Patent Specification? 

Patent specification, also known as disclosure, is a legal document that describes your invention and its market scope. It is drafted to define how you want to claim your invention to prevent it from being reproduced or manipulated by other innovators. 

In other words, this document is used for public disclosure, providing the inventor with a time-limited legal monopoly of their intellectual property (IP). 

Patent folder

Types of Patent Specification

The two types of patent specification are discussed as follows: 

1. Provisional Specification

A provisional specification includes generalized descriptions of inventions. Innovators submit it when the invention is still at its conceptual stage or when they need more time to further develop their product. 

Once filed, it gives one year’s time to innovators so they refine their invention before claiming its complete patent rights.

2. Non-Provisional Specification

Complete or non-provisional specification includes the entire description of the invention, along with the methodology of making it. It must include at least 1 claim to protect the IP from being manipulated. 

Most importantly, if it is not submitted within a year of submitting the provisional specification, the invention will be abandoned.

Role of Patent Specification in Patent Application Process

The specification in patent application process provides a detailed description of the invention, defining its scope and limitations. So others can understand and even copy it. Moreover, it also includes one or more claims that innovators make to protect their intellectual property from being replicated. 

In addition, it is also an important part of the patent application process because it helps the patent officer evaluate the inventiveness and practicality of the invention in question. This increases the chances of winning the patent or grant.

What Are the Parts of a Patent Specification?

A patent application comprises multiple parts, and even a minor issue in writing them can lead innovators to lose the grant. The different parts of a patent specification include the following: 

1. Title of Invention

The title must be clear and concise to reflect the subject matter of the invention accurately. It shouldn’t exceed the 15 words limit.

2. Field of Invention

This section mentions the generic and specific fields of technology that the invention belongs to. It is usually covered in two sentences: the first states the main field, and the second mentions the specific field. For example, ‘the invention pertains to farming. More specifically, it pertains to fertilizers.’

3. Invention’s Background 

The background is drafted for the jury audience to understand how the new invention differs from ‘prior art’ in the field. This section addresses the improvement that the new invention provides in the targeted industry.

4. Summary of Invention 

This part briefly describes the scope, advantages, objective, composition, and working of the invention. It includes the unique problems that the invention aims to solve for society or field experts. 

The section further establishes the authority or need of the invention against the prior art.

5. Detailed Description of Invention

This component of a patent specification details the objectives, usage, and advantages of the invention. It encompasses in-depth details of the solutions provided by the new invention. Additionally, it must paint the complete picture of the invention so any mediocre skilled person can reproduce it using basic technical knowledge. 

6. Drawings (if Any)

Drawings, flowcharts, and figures are crucial for clearly understanding the invention. According to the United States Patent and Trademark Office (USPTO) guidelines, the drawings must be black and white line illustrations with labeling for easier interpretations.

7. Claims

Claims are central to a patent application. These define the specific rights of the invention that the inventor is seeking to protect. The claims must meet 3 requirements of patentability:

Novelty: It means that the invention cannot be made public–not even by the inventor–before the date of the patent application.

Nonobviousness: The inventive concept must not be an obvious solution for field experts. 

Utility: It implies that it should be possible to manufacture or replicate the new invention to benefit the industry.

8. Abstract

The abstract covers the technical significance of the invention and how it solves the problem. Simply put, it is a summary of the specification. It should only be 150 words or less in length and must be accompanied by the most appropriate figure of the invention.

As per the rules of the USPTO guidelines, any and all non-provisional patent applications must be submitted with an abstract.

Patent filing process

How to Write a Patent Specification for Easy Patent Approval?

Here are some guidelines on how to write a patent specification for quick approval. 

Stay on Topic & Avoid Complexity: Simplicity holds central importance to the approval of a patent application. All the information about the invention must be easy to understand and to the point to prevent ambiguity or confusion. 

Follow PTO Guidelines: Before drafting the document, learn about the correct order of specifications required by the patent office. Moreover, the guidelines for patent drafting and making claims may vary in your concerned jurisdiction, so understand them well before drafting a patent application. 

The Role of Patent Professionals In the Patent Application Process

As an innovator, you may not be an impeccable technical writer. But, for public disclosure of your invention, it is necessary to draft your patent concisely and clearly. 

In case your document contains ambiguity, it may take away your chance to get your invention legally protected. That’s why you must turn to a patent professional to help you draft the specification correctly. 

Only a legal professional can communicate the concept of your innovative technology better and implement the formatting details to guarantee the approval of your IP rights.

To make it easier for you to understand, here’s how a patent agent and patent attorney can help you with writing a patent specification:

Role of Patent Agents: They are well-versed in PTO’s patent guidelines and can assist with the prosecution of patent applications as per the latest laws. 

Role of Patent Attorneys: They are trained experts in drafting patents and hold complete knowledge of IP law. They can help you obtain the patent easily and claim your rights if the patent is infringed in the future.

Therefore, as much as it is necessary to draft the specification mindfully, it is equally important to seek legal advice before the submission of a patent application. 

Final Verdict

All in all, patent specification is of utmost importance in the patent application process. So, it is necessary to invest your time and effort in drafting a well-crafted patent specification with all its elements and drawings (if any) included. 

Last of all, get your final draft approved by legal professionals to prevent losing the grant for your invention.

Frequently Asked Questions

The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).

Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.

You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es). 

Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally. 

Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO. 

Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.

Contact Us

"*" indicates required fields

This field is for validation purposes and should be left unchanged.