Patent Writing Services: Everything You Need to Know
Patent writing services provide inventors with assistance in the important step of completing a patent application.3 min read
Patent writing services provide inventors with assistance in the important step of completing a patent application, sometimes referred to as a patent specification. There are two different types of patent applications used for the patent process: complete and provisional specification.
Patent drafting is the process taken when creating a patent application. Creating a patent specification that is of high quality, regardless if it is complete or provisional, is most important. A patent application will usually include the following:
- An abstract of the patent
- One or more claims
- Background information
- Drawing and detailed description
Provisional applications are used when the inventor has basic ideas for the invention he or she wants to patent but still feels there is room for improvement. A provisional application provides the inventor with a priority date. Claims do not need to be included for provisional applications.
Claims, a very important part of the application, define the scope of protection being sought with the patent application. They also outline what other inventors cannot do in order to prevent infringement liability. Claims are important during both prosecution and litigation.
Once you have filed a provisional application, you have 12 months to complete and submit a specification that includes claims. A complete application must be within the boundaries established by your provisional application and provide a comprehensive description of the invention, including the best way of performing the invention.
Importance of Patent Drafting
A company's innovations and ideas are key components to its future success and growth. These vital assets need to be recognized, nurtured, and protected so their value can be realized.
Most inventors feel the best at describing their invention, and while they are usually able to explain the usage of the invention, more technical language can prove to be troublesome. While inventors can complete a patent application themselves, seasoned inventors agree that if you are serious about receiving a patent, using a patent professional is definitely recommended.
A patent draft should describe in complete detail how to enable the invention, or how a person ordinarily skilled in that art could make and use said invention. The invention also has to be notably different from prior art both in structure and function. Engaging a patent professional for patent drafting is very important because of the detailed technical component and finding the right balance between broad and narrow claims.
The accuracy and completeness of a patent application and stated claims become vital if and when prosecution or litigation occurs. Utilizing the patent writing services of a patent professional who understands patentability requirements and underlying technology may end up saving you time and money in the long run.
While claims are not required in a provisional application, they are required for the complete application. Describing and claiming the best method appropriately will help prevent others from simply "designing around" the invention. Drawings are also often a helpful — and sometimes required — part of both provisional and complete applications.
Patent Application Drafting Workflow
The inventor will submit an Invention Disclosure Form (IDF) that includes a summary of the invention to a patent professional. Once this is done, the following steps will be taken:
- Consultation between inventor and patent professional to ensure a complete understanding of the invention. This consultation can be in the form of telephone calls, virtual meetings, or meetings face to face.
- Identify needed invention parts and verify with the inventor.
- Claim drafting done in multiple stages.
- Prepare basic claims.
- Inventor reviews.
- Incorporate inventor notes into the next stages of preparation.
- After reviews are complete, prepare final claim.
- Specification drafting: Once the inventor and patent professional come to an agreement on the invention scope, the patent professional will draft the specification and appropriate claim set. This will include a complete description of the technical points, highlighting any specific points that make the invention unique.
- Enable claims.
- Incorporate any illustrations and embodiments.
- Once the draft is finished, it will go through several reviews.
- Have an attorney complete a review if your jurisdiction requires this.
- Draft will be sent to inventor.
- Any comments or edits received from the client are incorporated.
- Completion of the final draft.
If you need help with patent writing services, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.