| There are many hurdles involved with gaining a | | | | Let's say an inventor invents a new type of ink |
| patent. If you are interested in gaining one, your | | | | pen and begins writing his patent application. He will |
| first task is to file a patent application, complete | | | | need to write specific claims regarding the exact |
| with all the bells and whistles required by the | | | | features of the ink pen that he considers his |
| United States Patent and Trademark Office. | | | | invention. For example, his claims will define |
| There are a number of standard forms to fill out | | | | whether the invention is only the ink cartridge or |
| in addition to quite a bit of writing. | | | | the entire pen. If his invention only encompasses |
| A single application will vary in complexity and | | | | the ink cartridge, his claims will need to outline |
| length. An application might range from about 25 | | | | whether the ink, the cartridge or both are being |
| pages up to thousands. In 1991, the National | | | | claimed. If only the cartridge is being claimed, then |
| Institute of Health tried to patent practically the | | | | he will need to write claims directed toward the |
| entire human brain, or at least 2,600 DNA | | | | cartridge. The claims will describe exactly what is |
| sequences of it in an enormous patent application | | | | special about the ink cartridge and what makes it |
| which was ultimately declined. | | | | different from other ink cartridges. |
| One of the most important and involved sections | | | | The claims are important because they clearly set |
| of a patent application is the specification. The | | | | the boundaries for the invention. The claims will |
| specification specifies exactly what has been | | | | help the examiner decide if the invention warrants |
| invented and thus, what the patent will cover if | | | | a patent based upon whether or not the invention |
| the application is granted. | | | | really is new and patentable. In addition, if a patent |
| There is usually a great deal of background | | | | is in fact granted for the ink cartridge and later |
| information involved with a specification. Think of | | | | on, a company begins manufacturing the same ink |
| it as a report, one that relays all the background | | | | cartridge without authorization from the applicant |
| information related to the invented subject | | | | owner, an infringement case may ensue. In this |
| matter. You (or preferably someone you hire) will | | | | instance, the claims will help the courts decide |
| need to scour all the available references to make | | | | whether or not infringement of the patent |
| the background as complete as possible. From | | | | actually occurred. |
| existing patents to magazine articles and even | | | | We've just scratched the surface of the makings |
| dissertations to formal presentations, everything | | | | of a patent application. There is much more to |
| that is available must be checked and if found | | | | applying for a patent application than this and |
| relevant, woven it into your application. The more | | | | several other components. In fact, there are a |
| research done, the better. | | | | few different patent application types to choose |
| At the end of the specification is a section known | | | | from before you even get started. In addition, |
| as the claims. The claims explicitly outline what is | | | | you need to pay attention to all sorts of details, |
| being patented. They are used to define the | | | | such as how you mail in your application and the |
| scope of an invention. Here is an example to help | | | | exact forms you send in with it. |
| you better understand the claims. | | | | |