Patent Drafting

Ensure claim and specification synchronicity by conducting full patent document structural analysis.

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Webinar: Patent Drafting: The Year in Review and a Look Ahead

Webinar: Patent Drafting: The Year in Review and a Look Ahead

[youtube https://www.youtube.com/watch?v=JDjq7jeMHhc?rel=0&w=800&h=450] This on-demand webinar is part of a series where patent experts in various core areas of the patent workflow discuss industry: Highlights over the past year Trends emerging for 2018 Use...

Patent Drafting Webinar: Trends, Reality and Avoiding Rejections

Patent Drafting Webinar: Trends, Reality and Avoiding Rejections

The specification has always been a critical part of the patent application, but in recent years the importance of the specification has taken center stage. Whether it be with respect to defining computer-implemented inventions so as to ensure overcoming patentability...

Best Practices for Ensuring Thorough Specification

Best Practices for Ensuring Thorough Specification

For veteran patent lawyers, the 2006 Federal District Court decision in the Honeywell International v. ITT Industries case caused some head-scratching. In affirming a lower court ruling that ITT did not infringe on Honeywell’s fuel filter patent, the Court found that...

How to Overcome Alice–based Section 101 Patent Rejections

How to Overcome Alice–based Section 101 Patent Rejections

As patent attorneys know all too well, the U.S. Supreme Court’s 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int'l had a dramatic impact on the prosecution of patent applications for computer software technologies. The issue in the case was whether certain...

Five Ways to Avoid Section 112 Rejection

Five Ways to Avoid Section 112 Rejection

Since the first-inventor-to-file and Post-Grant Review (PGR) provisions of the America Invents Act (AIA) went into effect on September 16, 2012, it has become increasingly clear to patent practitioners that drafting high-quality, well-tailored patent applications is...

Navigating the Nautilus Impact on Patent Drafting

Navigating the Nautilus Impact on Patent Drafting

U.S. patent laws require that claims in patent applications must point out and distinctly explain the subject matter of an invention. This public notice requirement is referred to as “definiteness” and a patent that fails to satisfy this requirement may be found to be...

The value of a patent according to EPO: six key questions answered

The value of a patent according to EPO: six key questions answered

Generally speaking, patents are not merely regarded as a legal document providing a technical solution to a problem; they also provide a basis for fostering innovation and promoting commercial opportunities. Business prospects arise when patents exclude others from a...

The Influential Law Librarian: A Product Evaluation Checklist

The Influential Law Librarian: A Product Evaluation Checklist

It’s no secret that the role of the law librarian – whether inside a non-profit institution, a corporate library or a law firm – has been undergoing a dramatic transformation in recent years. In fact, Duane Strojny, Associate Dean of Library and Instructional Support...

Six Keys to Success as Law Librarian, Part Two

Six Keys to Success as Law Librarian, Part Two

ALM Legal Intelligence's 2016 Law Librarian Survey documented an exciting trend for legal information professionals: “Law libraries are phasing out print collections, reinventing themselves as sources of competitive intelligence and analytics,” according to ALM. Law...

What LexisNexis Pathways™ can do for European Patent Attorneys

What LexisNexis Pathways™ can do for European Patent Attorneys

Only rarely has a patent attorney not contemplated the risk of his patent application being refused. Independent of the nationality of the competent Patent Office, there is a large spectrum of parameters to be considered and ad hoc complicated conditions that may...

Laying the Patent Application Foundation Early

Laying the Patent Application Foundation Early

Drafting a patent application can be a daunting task, particularly today where many commercially valuable patents will be challenged at the Patent Trial and Appeal Board (PTAB). But challenges at the PTAB presuppose that the patent has issued though, and the first...

How Investments in Battery Technology Will Power Our Future

How Investments in Battery Technology Will Power Our Future

What do cars, solar farms, smart watches and new homes all have in common? All increasingly run on batteries. The devices we rely on to power our digital lives–laptops, smartphones and tablets–would not exist if it were not for battery technology. While companies like...

How a Patent Lawyer In Europe Overcomes An "Alice-Type" Rejection

How a Patent Lawyer In Europe Overcomes An "Alice-Type" Rejection

We are now experiencing the days when computers are replacing human skills and business methods are not created with human intuition but by algorithms. Both European and US companies thriving in the sector of computer intelligence and technology for the financial...

Are you using the right law firm for your patent prosecution?

Are you using the right law firm for your patent prosecution?

Applying for a patent is a highly specialized process. It requires an in-depth knowledge of your field of expertise as well as a firm understanding of patent law and a clear insight into what your patent examiner is likely to look for in an application. It is no...

Continued Challenges to Aspects of the IPR Process

Continued Challenges to Aspects of the IPR Process

In July, the U.S. Court of Appeals for the Federal Circuit rejected Cuozzo Speed Technologies’ appeal.  Cuozzo was attempting to prove that the claim interpretation used by the Patent Trial and Appeal Board (PTAB) was incorrect.  Currently, the PTAB uses the “broadest...

The Evolutions of the USPTO

The Evolutions of the USPTO

Over the most recent few decades, the USPTO has continued to grow and evolve in process, people and technology.  During the period between FY 2005 and FY 2011, the number of patent examiner’s increased from 4,258 to 6,685 (+57%) (4). By 2014, their numbers had swelled...

Go HTTPS: Better Patent Research Security With One Simple Click?

Go HTTPS: Better Patent Research Security With One Simple Click?

As patent researchers, we know that the actual contents of our searches—the search terms, the records we view, and even the names of our work files—can be highly sensitive information. But are we doing everything we can to protect this sensitive data as we do our...

Looking For LexisNexis TotalPatent Reviews and Articles?

Looking For LexisNexis TotalPatent Reviews and Articles?

Are you considering LexisNexis® TotalPatent® as a potential patent research platform? Are you scouring the Internet looking for product reviews? Let me save you a bit of time. When I first started looking at TotalPatent, I, too, wanted to see what others had had to...

Patent Researchers: Should Certification Be In Your Future?

Patent Researchers: Should Certification Be In Your Future?

Do patent researchers need a certification process? At least some patent research professionals believe so, and such a process may soon become reality. In a recent blog post about PIUG 2015, I mentioned that Susanne Hantos of Davies Collison Cave—past chair of PIUG...

Simplifying Patent Research with Text-to-Image Searching

Simplifying Patent Research with Text-to-Image Searching

A picture may be worth a thousand words, but it can be worth a great deal more when conducting patent research. Drawings are essential elements of most patent applications, especially those for design patents, which not only require drawings of the claimed design but...

IP Budgeting With Predictive Analytics

IP Budgeting With Predictive Analytics

What if you could predict how long your latest patent application will take to reach allowance? Forecasting that timeline would allow you to make better decisions about where your IP department spends its time. Budgeting for an intellectual property department is...

Five Key Aspects of a Patent Landscape

Five Key Aspects of a Patent Landscape

For especially competitive technology fields, patent research can be used to shape the earliest stages of research and development. In pharmaceuticals, electronics and many other high-tech industries, a thorough understanding of the patented technologies that already...

Patent Examiner Data Offers Guidance for Advanced Prosecution

Patent Examiner Data Offers Guidance for Advanced Prosecution

Even when abandoning a patent application makes clear business sense, walking away from that effort without a tangible return can be difficult. Making such a decision can be complicated by the traditional obscurity of the patent prosecution process. How can patent...

TotalPatent: Complete, Searchable Patent Data

TotalPatent: Complete, Searchable Patent Data

  Intellectual property protections allow inventors around the globe to protect their creations of the mind, driving innovation and economic expansion that benefit everyone. When it comes to patent prosecution on a global scale, it is vital that IP attorneys, law...

USPTO Roadshow to Explain Shift from First to Invent Standard

USPTO Roadshow to Explain Shift from First to Invent Standard

The U.S. Patent and Trademark Office (USPTO) is hitting the road with a traveling presentation to better educate inventors and intellectual property lawyers about the “First Inventor to File” provisions of the America Invents Act of 2011 (AIA). Of all the changes that...

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.