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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

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...

AIA Best Practices: A Holistic Approach to Patent Prosecution

AIA Best Practices: A Holistic Approach to Patent Prosecution

A lot has changed since the America Invents Act (the “AIA”) switched up the United States patent system from a “first-to-invent” to a “first-to-file” system back in 2013, and that includes some of the most basic advice patent practitioners provide to their clients....

Five Favorite Features of LexisNexis PatentOptimizer®

Five Favorite Features of LexisNexis PatentOptimizer®

If you have to do something, why not do it right the first time? Back in 2005, LexisNexis PatentOptimizer® was born out of an exploratory project with the United States Patent and Trademark Office (USPTO) to help improve the overall quality of patent applications...

Webinar Recording: Winning at 112 – The Language of Patents

Webinar Recording: Winning at 112 – The Language of Patents

Listen as Gene Quinn, founder and president of IPWatchdog.com, Jennifer Bailey, partner at Erise IP and David Stitzel, IP Solutions Consultant at LexisNexis IP discuss all things 112, including what the future may look like in light of possible reforms, best practices...

How to Populate IDS Forms with LexisNexis PatentOptimizer®

How to Populate IDS Forms with LexisNexis PatentOptimizer®

Patent practitioners know that the time spent preparing paperwork before filing a new USPTO patent application is by no means insignificant. To produce a complete and compliant patent application, patent professionals must complete application datasheets, oaths,...

3 Benefits of Automating Your Office Action Responses

3 Benefits of Automating Your Office Action Responses

Today’s practitioners face significant pressures that require a transformation from their previous methodologies. Successful patent attorneys are leveraging patent analytics to help increase efficiency, accuracy and consistency in their patent prosecution. LexisNexis...

Three Qualities that Make Quality Patents

Three Qualities that Make Quality Patents

Quality patents are assets to everyone. The patent system is at its peak when high-quality patents and patent applications make up the USPTO's archives. Inventors are incentivized to share their innovations with the world knowing they will be protected in doing so,...

Webinar: Drafting Quality Patents: Avoiding §112 Rejections

Webinar: Drafting Quality Patents: Avoiding §112 Rejections

The value of a patent, for better or worse, is related to the likelihood that it could be successfully defended against challenges. In the past it was believed that there was safety in numbers. Today, higher quality patents are strategically preferable to collecting...

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...

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 drafting process can begin.

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, 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. 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.