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How to Write Abstract of the Invention Section. Episode 19

Final Major Section of the Patent Application


So far, in drafting the application, we’ve covered:

The Claims

The Drawings

The Detailed Description of the Embodiments

The Brief Description of the Drawings

The Background of the Invention

The Brief Summary of the Invention


In this episode, I’m going to go over the last major section of the patent application that most inventors will need to deal with when writing an application.


There are other sections required only in specific circumstances, which I will cover in the next two episodes. However, for most of you, the Abstract of the Invention will be the final section you need to complete.



What is the Abstract of the Invention?


The Abstract is another type of summary of the invention. If you listened to the last episode on how to write the Brief Summary of the Invention, you might find this section similar, but the Abstract is even more simplified.


The Abstract of the Invention is what appears on the front sheet or cover page of your published patent.


When I first read a patent to get a big-picture understanding of the invention, the Abstract is the first thing I read.



What the Federal Regulations Say About the Abstract


If you look at the federal regulations, they state:


“The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length.”


The purpose of the abstract is to:

Enable the patent office and the general public to quickly determine, at a glance, the nature and essence of the technical disclosure.


So, it should be 150 words or fewer, which usually means 6-12 sentences—not much at all.



Example: Picture Hanging System (U.S. Patent No. 6,119,999)


Let’s look at an example. The picture hanging system patent (U.S. Patent No. 6,119,999) can be found with a Google patent search.


Here is the entire abstract:


“A picture hanging system comprising a rod from which one or more pictures are suspended by a pair of wires or cables. In the preferred embodiment, the cables are each suspended from a link comprising a turnbuckle or the like having a nut affixed to a bolt, so that the picture may be leveled merely by rotating the nut relative to the bolt (or vice versa) to reduce or increase the spacing between the rod and each side of the picture.”


That’s just 80 words—well below the 150-word limit. If the inventor wanted to add more details, he could have, but this is sufficient.



Key Takeaways from This Example

• The description is layperson-friendly and doesn’t sound too technical.

• It uses simple terminology but does include “comprising,” which is a common patent term.

• It briefly describes the components (a rod, wires, cables, a turnbuckle, a nut, and a bolt).

• It explains the function—the picture can be leveled by rotating the nut.


Now, you might not fully understand the invention or know exactly what was patented, but you get a basic understanding of its key features and purpose.


The most technical term in this abstract is probably “turnbuckle.” If you’re unfamiliar with it, you might need to look it up, but it was likely included because it is key to the invention.



Flexibility in the Word Limit


In the past, there was a hard requirement that the Abstract could not exceed 150 words.


However, in 2013, the regulation changed to say “preferably not exceeding 150 words in length.”


This suggests that there is some flexibility now, but it’s still good practice to stay under 150 words because:

• Other countries may have stricter limits.

• If you file internationally, keeping it short ensures consistency across all applications.



Guidelines from the Manual of Patent Examining Procedure (MPEP)


The MPEP provides further guidance on writing an abstract:

• The patent office and the public should be able to quickly read it and understand the invention.

• The abstract should highlight what is new about the invention.

• The abstract should not be too vague—it should give a clear sense of the novel features.

• The abstract should not compare the invention to prior art.



Avoiding Comparisons to Prior Art


This may seem like a contradiction—how can you talk about improvements and what is new without mentioning prior inventions?


Here’s the key:

Do NOT write:

“Smith’s patent is very similar, but it can’t take out pits of different sizes, while this invention can.”

• This is a direct comparison and is not allowed in the abstract.

Instead, write:

“This avocado slicer has an improved pit engagement member that allows it to remove avocado pits of various sizes.”

• This explains the new feature without referencing prior inventions.


When written this way, the reader understands the benefit of the invention, but it is not stated as a comparison to existing products.



Additional Guidance from the Patent Office

• The Abstract should be at least 50 words and less than 15 lines of text.

• Avoid legal language like “said” and “means”.

Cut unnecessary phrases like:

“This disclosure concerns…”

“The disclosure defined by this invention is…”

• These phrases are implied and just take up space.


Get straight to the point about what your invention does.



Final Thoughts on Writing the Abstract


That’s about it for the Abstract—it’s a short section that gives the essence of your invention in a way that a layperson can understand.



Next Episode: Cross-Reference to Related Applications


In the next episode, I will cover a section you may not need, but it’s crucial to understand, especially if you plan to file multiple applications—the “Cross-Reference to Related Applications” section.



Need Help With Your Patent Application?


If you need help drafting your patent application? Connect with me for assistance! I'm Adam Diament, and until next time—keep on inventing!

 
 

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Diament Patent Law

(Now practicing at Nolan Heimann LLP)

 

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