How to Understand the Parts of a Patent. Episode 6

Overview of a Utility Patent

This episode is going to be an overview of the parts of a utility patent. If you remember from previous episodes, there are also design patents and plant patents, which have different requirements. I’ll cover those in a later episode. This episode focuses on the parts of a utility patent, which is the type of patent most inventors seek. It typically covers physical inventions and new methods of doing things.

To help you follow along, I’ll use the same product I discussed in Episode 4—the 3-in-1 avocado slicer by Oxo. It’s easier to follow if you have the patent in front of you. If you don’t, go to google.com/patents and type in the patent number 8,726,799 in the search bar.

Only one result should pop up, titled “Avocado Slicer.” Click on that link. If you’re not following along, this episode may be difficult to grasp, so I recommend pausing the podcast and pulling up the patent on your computer.

You can view the patent in your web browser or click “View PDF” in the top right corner to see an actual patent document.

Structure of a Patent Document

This patent is 12 pages long, which is relatively short. Usually, patents have:

• One front page, but in this case, there are two front pages because the Patent Office couldn’t fit all the information on one page.

• Five pages of figures (illustrations of the invention).

• Seven pages of text describing the invention in detail.

Front Pages

The first two pages contain general information about the patent, including:

• Title

• Inventors

• Important dates

• Company that owns the patent

I’ll go into more details about these sections in a future episode. For now, I want to focus on the parts of the patent that you, as the inventor, write yourself.

The only part of the front page that you write yourself is the Abstract.

Abstract

The abstract is a brief summary of your invention, limited to 150 words or less. It should be written in simple, non-technical language so a layperson can understand it. Below the abstract is one drawing from your patent application.

When you submit your application, you select one figure that best represents your invention, and the Patent Office places it on the front page.

Figures

Next, we have the figures (illustrations). In this patent, there are 12 figures spread across five pages.

• Each figure does not need its own page.

• Include as many figures as needed to show all parts of your invention and how it works.

Background of the Invention

The Background of the Invention comes next.

• Do not include anything about your own invention in this section.

• Describe prior inventions (prior art) and how they attempted to solve the problem.

• Usually written in a way that highlights the shortcomings of existing inventions.

In this patent, the background discusses traditional avocado slicers, how people remove pits, and how multifunction avocado slicers work, without mentioning the new invention yet.

Brief Summary of the Invention

Some patents call this the Brief Description or Brief Summary. This section provides a short description of the invention.

• It covers a few main versions of the invention.

• Does not go into extensive detail or list every possible variation.

Brief Description of the Drawings

This section briefly describes each figure in one short sentence.

Each sentence typically follows this format:

• First part: States the view type (e.g., “This is a top view” or “This is a front view”).

• Second part: Provides a brief description (e.g., “This is a front view of one embodiment of an avocado slicer.”).

This section is not meant to be detailed—that’s the job of the next section.

Detailed Description of the Embodiments

This section is where you provide all the details of your invention.

• Usually written illustration by illustration, describing every part and how it is connected.

• Every part mentioned is assigned a number, which corresponds to numbers in the figures to help readers follow along.

• This is usually the largest section of a patent because it needs to be extremely detailed.

Why Include So Much Detail?

You might be wondering, why describe my invention in so much detail? Won’t that make it easier for others to copy it?

That’s exactly the point of patents! The tradeoff for getting a patent and having exclusive rights for 20 years is that you must publicly disclose how your invention works so that, after 20 years, anyone can make it.

If you don’t want to disclose how your invention works, you shouldn’t file a patent—instead, keep it a trade secret. However, trade secrets have no protection if someone reverse-engineers your invention.

How Detailed Should You Be?

I’ll cover the requirements for the written description in a later episode, but in short:

• Be extremely detailed in describing the best way to make and use your invention.

• If your description is too vague, you may not get a patent at all.

• Even if you do get a patent, a competitor could challenge its validity for having an insufficient description.

Claims: The Most Important Section

The Claims section is the most important part of a patent.

• Claims define what you can stop others from making, using, or selling.

• Think of claims like property boundaries. If someone asks where you live, you might describe your city, landmarks, parks, and schools—but that doesn’t define your property lines.

• Claims are the precise legal boundaries of your invention.

Example Claim

This patent has 19 claims. Let’s look at Claim 16 as an example.

Claim 16 consists of four main elements, each marked by indented paragraphs:

• A handle

• A first blade member

• A second blade member

• At least two spaced-apart engagement members that pierce the avocado pit

If someone creates a product that lacks one of these four elements, they do not infringe Claim 16.

Why Claim Drafting is Difficult

Patent claims must be written carefully. Writing them incorrectly can mean losing protection for your invention.

• If you write them too narrowly, competitors can easily design around your patent.

• If you write them too broadly, the Patent Office may reject them.

• Drafting claims is one of the hardest parts of the patent process.

That’s why hiring a patent attorney is a smart investment. You can write your own claims, but it’s like performing surgery on yourself—technically possible, but risky.

Summary

The main parts of a patent are:

• Abstract – A short summary.

• Drawings – Visual representations.

• Background of the Invention – Prior art and its problems.

• Brief Summary – Short description of the new invention.

• Brief Description of the Drawings – One sentence per figure.

• Detailed Description – The most detailed part.

• Claims – Defines what you legally own.

The written parts and figures together are called the Specification.

Next Episode Preview

In future episodes, I’ll cover how to write each section of a patent. Until next time, I’m Adam Diament of Diament Patent Law—keep on inventing!