Everything You Need to Know About Patent Drafting

Proper Patent Drafting requires a detailed approach. To ensure your intellectual property is protected, contact the Evergreen Valley Law Group. Call today!

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What Is Patent Drafting?

Creative people spend their time, energy, and finances developing inventions that solve various problems. Patent law protects inventors from people who take advantage of them and copy their designs for monetary gain and recognition.

The patent drafting process requires a patent application. The process involves writing a specification that explains the details of your invention in writing. The patent draft needs to be clear and concise and describe your patent well. As an inventor or creator, it is essential to ensure your patent is clear and unique to stand out against similar designs.

The patent draft should contain written specifications such as patent drawings, patent illustrations, and a technical description of the patent. The technical description covers how your invention was made and how it works.

But how do you draft a patent, and what mistakes should you avoid? Are there patent drafting rules you should know? We have answers to your questions, so read on!

How Do You Draft a Patent?

Before drafting a patent, your attorney prepares an invention disclosure contract. Once all the involved parties sign it, you should disclose all the information about your invention to your attorney.

The attorney then starts preparing the patent application containing your design’s claims. The patent drafting process is long, and the scope of the claims changes as the attorney or draftsperson understands your design better.

Additionally, the final draft should show how different your design is up to the smallest detail. 

After you sign the contract, many steps follow:

  • Your attorney schedules a meeting to review your documents and understand the design, technology, or idea you want to patent

  • The next step is creating sketches and drawings of your invention. For method claims, you should include any algorithms you used

  • Creating the patent description, finalizing the claims and figures

  • Writing the abstract

  • Reviewing the patent draft

  • Filling the application

Types of Patent Claims

There are two types of patent claims: independent patent claims and dependent patent claims.

Independent claims can stand alone. These are patent claims for inventors who are not referring to any prior art or designs. Therefore when drafting independent claims, patent agents ensure they contain all the elements that define the invention.

Dependent claims, on the other hand, refer to previous claims, and thus they should limit the previous claim. 

Common Mistakes With Patent Drafting

Sadly, the United States Patent and Trademark Office (USPTO) can throw out patent applications that do not meet their standard. You should pay extra attention to patent language. Your design may be your own, but your language in writing the specification can make it doubtful.

When applying for a provisional patent on your own, you can make the following mistakes.

Over-Explaining the Functions

Functionality is essential, but the patent examiner is more interested in understanding your invention and its functions.

For a good patent, use less space to explain the functions and more space to explain how it functions.

Simple and Vague Descriptions

Coming up with inventions is challenging, but most new inventors may rush the patent drafting process ending up with a simple and vague patent description. If your design is soo simple, then it is not patentable.

This mistake can be avoided by discussing your invention thoroughly with your patent lawyer. Make sure you include all of the uses and explain how your design differs from others in the market.

Too Specific

Although this mistake is rare, when it happens, it is also fatal when it happens. We said to be detailed, but you should not be too specific or limit your claim soo much. If you are talking about materials, you can state the materials’ features, give examples, and indicate that the materials are wider than just those on your list.


Poor choice of words limits the coverage of your patent, and it may affect its patentability. You and your attorney should review your patent draft and ensure that the claim language is clear without room for different explanations.

Also, make sure your wording is correct, including the correct use of prepositions. Your competitors may be able to exploit those mistakes and use them against you.

Parts of a Patent Draft

Here are some of the parts of a non-provisional patent draft:

  • Title of the invention

  • A reference list for related patent applications

  • Names of all the inventors if it was a joint research

  • Background information for the invention

  • Summary of the invention

  • A description of the drawings

  • A detailed description of the invention

  • The claim(s)

  • An abstract of the disclosure

  • Sequence listing and,

  • An oath of declaration

As per USPTO, provisional patent drafts should contain the following:

  • Investors names

  • Creators residential addresses

  • Title of the invention

  • Name and registration number of patent attorneys or agents

  • Correspondence address

  • List of US government agencies interested in the invention

What Does the Law Say About Patent Claims?

The patent system is to help protect your designs and have evidence in case of litigation. Follow patent claim laws to avoid being in trouble as an applicant. A nonprovisional patent may have at least one claim that should distinctly define the invention. 

The basic filing fee covers up to three central and 20 total claims. The more claims, the stronger your patent, so take advantage and include more claims.

Your patent draft should also follow the three rules of patent drafting. First, it needs to have a preamble, the introductory phase of a claim.

Secondly, your claim should have a transition. Transitions show that your invention includes elements included in your claim, but it is not limited to those only.

Lastly, when you first include a limitation in your claim, you need to introduce it with “a” or “an.” After the first use of the limitation, you can then refer to it throughout the claim as “said” or “the.”

How Can Our Patent Drafting Assist You?

Patents are complicated to read and understand, and writing them is even more challenging. There are laws of patent drafting that may be confusing, and failure to follow them means your design will not be protected under patent law.

A patent lawyer with experience can guide you in drafting a patent that fully protects your design. Our patent attorneys have worked on many patent drafting cases, and we can also create a patent that will speak for you when someone tries to copy your design. 

We offer a free consultation, so visit us today and let’s talk patent drafting!