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Prior Art Research

Prior Art Research

Conducting prior art research before filing a patent application can have a profound influence on patent strategies and outcomes. Not only can understanding prior art help to determine whether an invention is patentable, but it can also inform how a patent application...

Patent Analysis Tools for Objective Application Review

Patent Analysis Tools for Objective Application Review

Why is it so hard to be objective when reviewing our work? For patent practitioners, a comprehensive, objective application review before it is submitted to the USPTO—a check on both substance and form—can help to avoid many headaches down the road. Yet, despite the...

Evaluate Patent Portfolios Based on Quantity and Quality

Evaluate Patent Portfolios Based on Quantity and Quality

What is the best way to evaluate a patent portfolio? Do you take the phrase literally and evaluate a portfolio based on the number of patents it contains, or is there a better way? The LexisNexis® PatentSight® innovation analytics platform offers multiple tools and...

Patent Tools for Avoiding Office Actions

Patent Tools for Avoiding Office Actions

Problems are generally much less costly to avoid than to fix. A simple oil change can help prevent a blown engine, and a green salad here and there can help prevent future disease. For patent practitioners, thorough planning and drafting can help prevent the issuance...

Streamline the Patent Process with Research and Drafting Tools

Streamline the Patent Process with Research and Drafting Tools

As patent practitioners, we often acknowledge and utilize the stages of the patent process to manage expectations, while providing a road map to our clients. We begin with prior art searches, and if the results look promising, we move on to drafting a patent...

Choosing the Best Path Forward After Receiving an Office Action

Choosing the Best Path Forward After Receiving an Office Action

Costing clients roughly $3,000 apiece to deal with, office actions can quickly become one of the largest expenses in patent prosecution. Office action price tags do vary depending on the types of rejections made by a patent examiner and the amount of research and...

A Practitioner’s Mission to Improve Prosecution Results

A Practitioner’s Mission to Improve Prosecution Results

Who would have thought that “search and rescue” could find its way into a patent attorney’s job description? While the patent version of a search and rescue may not be as dangerous or adventurous as the real deal, changing our perspective on the work that we do can...

Integrating for Better Performance With LexisNexis PatentOptimizer®

Integrating for Better Performance With LexisNexis PatentOptimizer®

The LexisNexis PatentOptimizer® patent drafting tool has earned a reputation among users for helping them quickly produce patent document drafts that perform better among USPTO patent examiners. PatentOptimizer® users can spend less time drafting patent applications...

Strategic Drafting With Patent Analytics Tools

Strategic Drafting With Patent Analytics Tools

There is a method to the madness of matching a USPTO patent examiner to each patent application. A lot happens before an examiner is assigned to a newly filed application. The USPTO first considers which team of examiners (called an “art unit”) is best suited to...

Using USPTO Archives to Generate Office Action Responses

Using USPTO Archives to Generate Office Action Responses

​There is a nearly unfathomable amount of patent data in the archives of the United States Patent and Trademark Office (USPTO). According to the most recent “U.S. Patent Statistics Chart” published by the USPTO’s Patent Technology Monitoring Team (accessible here),...

Reducing Costs by Investing in Patent Quality

Reducing Costs by Investing in Patent Quality

Everyone wants to get off on the right foot, whether it be making a good first impression with a new acquaintance or with the patent office. In patent prosecution, the first documents submitted to the USPTO provide patent examiners with their initial understanding of...

CPC Classification: The New Approach to Assigning Art Units

CPC Classification: The New Approach to Assigning Art Units

The United States Patent and Trademark Office (USPTO) has been in the process of revising its patent classification methods for many years. Through a joint effort with the European Patent Office, the USPTO began using the Cooperative Patent Classification (CPC) system...

Avoiding Section 112(b) Rejections With Patent Drafting Tools

Avoiding Section 112(b) Rejections With Patent Drafting Tools

Avoiding Section 112(b) Rejection One of the most important jobs performed by the United States Patent and Trademark Office (USPTO) and its patent examiners is to ensure that the patents they issue make it clear to the public exactly what invention is being protected....

The Hero’s Journey and the Four Champions of Patent Prosecution

The Hero’s Journey and the Four Champions of Patent Prosecution

Most people are familiar with the “hero’s journey.” Popularized by Joseph Campbell in the mid-twentieth century, it describes the common progression of the stages in literary or cinematic epics that our favorite heroes experience. There are 12 total stages in the...

Rejection is Nothing to Fear

Rejection is Nothing to Fear

Rejection can be an excellent teacher; it both highlights our mistakes and presents us with an opportunity to learn from them. In patent prosecution, a rejection from the USPTO can help patent professionals understand how patent examiners approach their patentability...

Five Stages for Patent Efficiency

Five Stages for Patent Efficiency

Patent applicants and professionals are in for the long haul when they enter patent prosecution, which typically unfolds over the course of several years. The silver lining of the lengthy patent process is that each subsequent stage presents an opportunity to use...

Patent Drafting Tools: Three Key Advantages

Patent Drafting Tools: Three Key Advantages

Patent practitioners may be able to work remotely in their pajamas from time to time, but, unlike their personal appearances, patent practitioners should keep their patent applications looking tiptop at all times. Much like a well-rounded grooming routine that can...

Dissecting the Alice Case: Six Years in the Making

Dissecting the Alice Case: Six Years in the Making

It has been six full years since the decision in Alice Corp. v CLS Bank, 134 S.Ct. 2347 (2014), which shook the world of United States patent law and left many patent owners, examiners and practitioners reevaluating their views on what is patentable. Since Alice, the...

Patent Process: Three Ways to Improve Efficiency

Patent Process: Three Ways to Improve Efficiency

[addthis tool="addthis_inline_share_toolbox_lq5z"] No one likes to waste time - especially throughout a process like patent prosecution where inefficiencies quickly add up to great expense. Common mistakes around consistency or accuracy can also lead to a longer...

New Year’s Resolutions, Fitness, and the Patent Office

New Year’s Resolutions, Fitness, and the Patent Office

We arrive in the New Year with optimism and high expectations. As usual, resolutions for self-improvement top the lists of many, and 2020 is the year we are finally going to get in shape. No doubt, fitness is an invaluable part of life as it contributes to our overall...

How to Flow: Patent Prosecution at Every Phase

How to Flow: Patent Prosecution at Every Phase

Patent prosecution is not always a linear process. It is full of twists, turns, and back-and-forths, but there are undeniably distinct phases of the patent process that the top patent professionals are able to seamlessly and efficiently transition between. From...

Words to Live By: Wisdom Collides with Patent Analytics

Words to Live By: Wisdom Collides with Patent Analytics

#1 - Take It All In (And Do Not Miss A Thing) When it comes to patent searches, “taking it all in” is easier said than done. Nearly every patent authority around the world has their own patent database, so completing a broad, global search has always meant taking in...

Three Phases of Patent Optimization

Three Phases of Patent Optimization

What makes for an optimal patent? Some argue that a patent’s ultimate enforceability is the proper measure, while others argue that an optimal patent is one that made its way through the patent process with the least expense. With patent prosecution technology,...

Drafting Quality Patents to Avoid §112 Rejections

Drafting Quality Patents to Avoid §112 Rejections

Section 112 is a fairly common basis for rejection at the USPTO, and pinning down the requirements and boundaries of Section 112 is a continuous struggle for patent practitioners, patent examiners, and courts, alike. Section 112 of Chapter 35 of the United States Code...

Even though patent drafting is the most crucial part of any application, drafting is known to be challenging at best and impossible at worst. While it may not be easy, it is possible, especially when you use the right tools and cut down on manual labor. When beginning the drafting process across any type of invention, be sure to do your research and take your time to ensure that the application has its best chance of approval once it reaches the revision office. Once you have received adequate explanation from the inventor, allowing you to understand the invention fully, the patent drafting process can begin. If you are in need of a premium patent drafting tool, consider using LexisNexis® Patent Optimizer.

Patent drafting is the first step to creating a patent and requires intense attention to detail. To help simplify your process across all patent drafts, break down each patent into several sections, then each section into what you would like to include within it. Use this guide to help you get started.

  • Title of invention: Use this section to simply and succinctly describe the invention.
  • Cross-reference to related applications: List any other patents or patent applications in process here.
  • Statement regarding federally sponsored research and development: If the invention has received government funding, this is the place to list it.
  • Background of the invention: Describe what industry the invention is to be used in. Gather as much background information as possible for this section.
  • Summary of the invention: Write a more descriptive summary of the invention, including why it is helpful or necessary. Keep it concise and value-adding.
  • Drawings: In this optional but highly recommended portion of patent drafting, you can include images of the invention.
  • Brief description of the drawings: If you have included drawings (as is recommended), describe what it is in a sentence. State exactly what is being shown in the image.
  • Detailed description of the drawing: If you have included drawings, this is a good place to list more detail and description of them.
  • Claims: This is one of the more challenging sections of the patent draft. Determine what claims you make regarding the capabilities of the invention and list them thoroughly here.
  • Abstract: This section highlights how the invention in question is made. This could be mechanically, chemically, or in other terms.

Determine which sections are necessary and helpful for your current patent application, then provide quality work. Your fellow inventors, investors, and lawyers will thank you!

Are you still concerned about managing your intellectual property properly? LexisNexis IP has all the tools to help simplify the patent process even more.