How to Write a Patent Yourself - A Very Old Patent from Harley Davidson

How To Write a Patent Yourself

Protecting your idea is important once you have verified the commercial need for your product, but Patent Attorneys are expensive but with a little bit of hard work you can minimise the need for one and potentially submit the patent yourself.

You should always submit your draft patent to a professional Patent Attorney before submitting it to your local governmental IP Office but the process of writing it down and describing it helps if you really think through your idea.

What Is a Patent?

A Patent is a document that defines what your invention is, what makes it unique to anything else on the market, and what the limits of its use are. According to the UK Patent Office Guide for your patent to be approved it must be:

  • Something new that can be made and used
  • Unique from everything else, it could be an amazing new invention or
    • A fantastic new application of existing technology but you must be clear why your application is different from something anybody else can do or it isn’t original.

How to Write a Patent Title

When you first submit a draft/provisional patent it takes up to 18 months to be published so this initial patent is known as the Provisional Patent, this is when you do your commercial work to get ahead of the big fish and really hammer home your success! and being able to take this provisional patent to the bank and investors will show you are serious and have something of value.

After it has been published you usually have 20 years protection on your invention but it is now fair game for the big boys to work out their own novel alternatives to do what you’re doing, and word to wise……there’s a good chance they already have had somebody looking at something similar (but we’ll talk about that when it comes to selling your idea).

With this in mind, it is important to make sure your title doesn’t give too much away as it’s the only thing that’s published instantly. So if you have a super new “Solar Powered Electromagnetic Industrial Lifting Device” don’t put that as the title, “Electronic Lifting Device” is great.

Sections in a Patent

The World Intellectual Property Office (WIPO) Manual says there should be six sections in a manual however the Summary can usually be written into the introduction section to make it more readable and save you some time.

  • Claims – these are legally binding statements that describe how the invention functions.
  • Description (or specification) that allows people to see how it works and how it is made.
  • Drawings – technical drawings showing the invention and how it functions.
  • Abstract – a brief summary of your invention, including all of the most important technical features of your invention.

How to Write a Patent Description

Start with your introduction and explain what your brilliant invention is, the problem that it solves, and the background to it, and it’s a technical field that it operates in. If the “Solar Powered Electromagnetic Lifting Device” field doesn’t exist you should whichever one is closest to your invention such as “Lifting Device” or “Solar-Powered Electronic Devices” fields.

The technical field should be something which existed prior to the invention being made

Albright IP

The idea of the specification is also part of the Description and so doesn’t have it’s own section. It is to describe the problem the invention solves not give away how you do it but why it so much more amazing than all the other ideas, you can refer to previous patents you found during your patent search.

As with the Claims section (see below) try to ensure that the specification is broad enough to accomodate anything that didn’t come up in your inital patent search but does come up in the Patent Office’s offical search.

You should also remember to reference your statements to the claims section (follows on) but explain exactly what the statements are so the viewer doesn’t have to flip between pages for clarity. Also remember to relate it back to problems you set out in the introduction, and if there is any optional features you should describe them and their benefits here.

The purpose of this section is to explain to a skilled person (not a layman) how to make the invention. You don’t need tell them every possible way of making it but you must tell them at least one very clearly.

There must be enough detail for the skilled person to see how to construct invention or perform the process so don’t limit this section it’s not uncommon for this section to run over 3 pages.

Patent Description Section (UKIPO)
How to Write A Patent Description (Courtesy of the Intellectual Property Office).

How to do Patent Drawings

You should include patent drawings in your unless your idea is for a chemical formulation or a new process, in which case we recommend using a professional as it can be be done for about $100/£100 per page so it wouldn’t be much in the grand scheme of things, but if your are truly on a shoestring budget we recommend this superb book from Legal form Provider Nolo. It even tells you how to do it with a camera and trace the photos to produce drawings of your drawing or computer skills aren’t that great!

Here is an overall guide to producing drawings yourself:

  • If you have more than 1 drawing label each one consecutively “Figure 1”, “Figure 2” etc.
  • Lines should be clear solid black to allow good photocopying.
  • The margins around the page must be in excess of 2.0cm at the top and left-hand side, and 1.5cm on the right-hand side and 1.0cm at the bottom. This is the same in the USA and the UK.
  • Do not write anything in the margins, including using drawing a frame or engineering drawing type borders.
  • Put a page number of total page numbers at the top of each drawing page, but not in the margins (see the example below).
  • Do not write in descriptive texts in the drawings, that’s what the Description section is for.
  • Do not use Production Drawings i.e. showing any dimensions, part numbers, or parts etc.
  • Use the same reference numbers or letters for each part of every drawing.
  • Capital letters must be a minimum of 0.3 CM high
  • The paper size must be A4 in the EU/UK and 8.5″ x 11″ (Letter) in the USA.
  • Drawing should be black and white, do not use color without first checking with your local government IP office rules.
A Visual Guide to Patent Drawings
How to Draw Patent Diagrams
(Courtesy of the Intellectual Property Office).

How to write Patent Claims

The claims section is the most important part of the patent because the claims legally define the function of your invention. The claims are a general description. The Statements of Invention in the Description section are to explain the details that the claims outline so it may be easier to start with the Claims section first when writing your patent.

Number the claims from 1 onward where the first claim is the essential features that distinguish it from everything else, and the following claims are the Dependent Claims for additional or optional features (if there are any).

It is vital for your commercial success that the claims be as broad as possible to prevent a competitor from changing a technical detail to circumvent your patent.

Patent Abstract Section

The abstract is a brief summary of your invention. It is to ensure that people searching for similar patents can find it once it has been published.

The key things are to the give a brief description and not to include any new information you haven’t mentioned already because it can’t be changed later on.