Josiah Hernandez

Anatomy of the Patent

Three Main Parts of a Patent1. Drawings2. Specification3. Claims

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Basic components of a Patent – Front PageLast Name of First

Named Inventor

Title of the Invention

Name of each Inventor

Patent Owner

Date of Filing

Priority DataInternational Patent

ClassificationUnited States Patent

Classification

Classes and subclasses where

the Examiner searched during

prosecution

Patent NumberGrant Date of Patent

List of patents and non-patent literature cited by the Applicant and the Examiner as prior art during prosecution

Examiner(s)

Practitioner(s)

Abstract

Representative Drawing(s)

Basic components of a Patent – Specification

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Listing of Related Applications

Background of the Invention Provides a summary of the field of invention and description of related art

Detailed DescriptionDescription with such particularity as to enable any person skilled in the pertinent art or science to make and use the invention without involving extensive experimentation.

Summary of the Invention A brief summary of the invention indicating its nature and substance, which may include a statement of the object of the invention, should precede the detailed description. Such summary should, when set forth, be commensurate with the invention as claimed and any object recited should be that of the invention as claimed.

Brief Description of the DrawingsWhen there are drawings, a brief description of the several views of the drawings specifying the numbers of the figures, and to the different parts by use of reference letters or numerals (preferably the latter).

Basic components of a Patent – Claims

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Claims are at the very end of the Specification

Independent claim The first claim in a patent application is almost always an independent claim, but other claims may be independent as well. These types of claims stand on their own and are independent of the patentability of the other independent claims (see MPEP 1824).

Dependent claim (“according to claim 1”)One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application.

DrawingsOnly required when necessary to understand

the claimed invention.Must show all of the claimed elements.Drawing may be added after filing date (but

no new matter).

SpecificationWritten in narrative formShould teach the invention to a person “of

ordinary skill in the art”Manner or process of making and using itBest mode contemplated by inventor for carrying out

inventionThe subsections of the Specification help

satisfy the legal requirements for a patent:The Field of the Invention describes the

technical field covered by the invention.

 

Specification (cont.)The Background

explain what the background is of the invention, and will explain the problem that the invention was designed to overcome.

The Summaryprovides a short description of what is included in the

product or method described in the Specification. The Description of the Drawings

will list each drawing and provide a short summary of what is shown in each.

 

Specification (cont.)Detailed Description of the Preferred

Embodiment of the InventionIs an extended narrative that should explain how the

invention worksShould use and reference each of the drawings at one

or more points. The “preferred embodiment” is typically the one that

best reflects the new and hopefully patentable properties of the invention

Often the Specification will also describe other embodiments of the invention. These may be ones that were invented during the development process, but were considered to be less favorable than the preferred embodiment.

 

ClaimsMost important part of patent because define

the inventionSet what courts look at when they make

infringement determinationsRecite all features of the invention which

distinguish it from prior art

Claims (cont.)Claims need to show novelty and patentabilityNeed one or more claims pointing our and

claiming the subject matter of the inventionIf you describe an invention in the

specification (the narrative part of the patent application) but do not cover that invention in the claims, the patent does not protect that invention

CLAIM EXAMPLE (SYSTEM CLAIM)

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• A system claim

• A sensor calibration system comprising:

– an image capture sub-system including a line sensor;

– an image generating sub-system capable of generating two dimensional image data from said line sensor;

– a processing sub-system capable of analyzing the two dimensional image data and generating calibration information; and,

– an output sub-system capable of displaying results of said analysis; wherein the results of said analysis are used to calibrate the line sensor.

Preamble

1st Limitation

2nd Limitation

3rd Limitation

4thLimitation