How to Write the Summary of the Invention. Episode 18

The Brief Summary of the Invention Section

So far, in drafting the patent 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

In this episode, I’m going to go over the section called the Brief Summary of the Invention.

Is the Summary of the Invention Required?

Technically, the Summary of the Invention isn’t actually required. The Code of Federal Regulations states that a brief summary “should” precede the detailed description, but it doesn’t say “must” or “shall.”

Other sections, like the Claims, must be included. But I don’t know anyone who omits the summary of the invention section. While you shouldn’t ignore it, of the three main written sections:

1. Claims

2. Detailed Description of the Embodiments

3. Summary of the Invention

…the Claims and Detailed Description are much more important.

What Goes in the Brief Summary of the Invention?

It’s not overly complicated—it’s simply a brief summary of your invention. Different people write it in different ways, and I’ll go over those methods later in this episode.

Essentially, you:

• List the main features of your invention.

• Briefly mention how these features overcome some of the shortcomings you discussed in the background section.

Keep it brief. I think I’ve only ever received an objection to the summary once, and that was because I made it too long. It wasn’t a big issue—I just cut out about 80% of it and moved those details to the Detailed Description of the Embodiments section, where all the small details belong.

Why the Summary of the Invention is One of the Last Sections to Write

You might think it makes sense to write the summary first, so you can outline your invention before writing the claims and detailed description. However, I prefer to write it last for a few reasons:

• You want terminology consistency across all sections.

• If you use “rolling member” in the claims, you should use the same term in the summary and the detailed description—not “wheel.”

• It’s okay to also say “wheel,” but make sure the primary term from your claims appears in all sections for consistency.

• Writing the Claims first helps you focus on what is truly novel about your invention.

• As you write the Detailed Description, you may tweak your claims.

• If you had already written the Summary, you would then need to go back and edit it to match the changes.

By finalizing the Claims and Detailed Description first, you reduce the need to go back and make multiple changes across sections.

Different Approaches to Writing the Brief Summary of the Invention

There are two main approaches:

1. The Storytelling Approach

Since the Summary of the Invention follows the Background of the Invention, you’ve just explained:

• What’s already out there.

• The shortcomings of existing inventions.

Now, you explain what your invention is and how it solves those problems.

• You describe the key features and explain how they improve upon existing solutions.

• This is great for lay readers, potential licensors, or investors—it helps them quickly understand the value of your invention.

2. The Claim-Rewriting Approach

• You take your independent claim (your broadest claim) and rewrite it in plain English.

• You might also rewrite a few key dependent claims.

Why do this?

• Claims must be written in a single sentence, no matter how long they are.

• Long claims with 25+ parts can be hard to read.

• By breaking the claim into readable sentences and replacing legalese like “said element” with “the element”, you make it clearer.

Most attorneys prefer this claim-rewriting method instead of the storytelling method.

Example: The Avocado Slicer Patent (U.S. Patent No. 8,726,799)

Claim 1 (Legal Format):

“An avocado pitting device comprising a housing having a substantially coned-shaped inner surface defining a recess, the inner surface extending continuously without interruption about a generally central axis of the recess, the recess configured to receive a pit of an avocado, and an engagement projecting inwardly from the inner surface…”

It goes on and on as a single sentence.

Brief Summary of the Invention (Plain English Format):

“An avocado pitting device includes a housing having an inner surface defining a recess. The recess is configured to receive a pit of an avocado. An engagement member projects inwardly from the housing’s inner surface. The engagement member is configured to engage the pit and retain it within the recess, allowing the pit to be removed with the housing from the avocado.”

You can see how it largely follows the claim, but in shorter, readable sentences.

This summary doesn’t feel particularly reader-friendly—which is why some attorneys don’t like the claim-rewriting approach.

Combining Both Methods

Personally, I combine both approaches:

• I start with the storytelling approach to briefly explain how my invention overcomes shortcomings from the background section.

• Then, I use the claim-rewriting approach to clearly summarize the invention’s key features.

• I may also highlight certain features that make the invention more advantageous.

Additional Guidance on Writing the Summary of the Invention

• Keep it brief—just a couple of paragraphs at most.

• Do not say any feature is “required” or “essential.”

• If you later realize it isn’t actually essential, you may have to explain why you originally said it was.

• If you want to include key features, start a new paragraph with:

• “In one aspect, the device may include X.”

• “In another aspect, the device may include Y.”

• Do not include too many features—save the details for the Detailed Description of the Embodiments section.

Final Tip: When in Doubt, Keep It Simple

• If you get stuck, just take your broadest claim and rewrite it in a more readable format.

• Look at issued patents in your field to see how others have written their summaries.

• Be cautious—just because a patent was granted doesn’t mean the summary was written well. Look at multiple examples.

Next Episode: The Abstract of the Invention

In the next episode, I’ll go over the Abstract of the Invention section.

If you need help drafting your patent application, you can contact me through my website. I’m Adam Diament, and until next time—keep on inventing!