What goes into a patent application in the United States?

Once the patent search has been completed and the decision is made to file a patent application, the patent application must be prepared. It is best to have your patent application completed by a patent attorney. A patent attorney has passed a special bar examination which allows the patent attorney to represent clients before the United States Patent and Trademark Office.

The patent application must contain a written description that fully describes the invention. The description of the invention must be in sufficient detail to enable a person skilled in the art of the invention to make the invention. The inventor should disclose the best mode of the invention that the inventor is aware of at the time the application is filed. This is called the best mode requirement. The best mode requirement means that if the inventor knows of a particular ingredient or step that makes the invention work better, that information must be disclosed in the application. If information about the best mode is withheld, there is a risk the patent could be held invalid.

For many inventions, the patent application will also include drawings that are used to fully describe the invention. The written description of the invention ends in one or more claims that set forth what it is that the inventor claims is his invention. The claims are what define the protection provided by the patent. If a competitor tries to use the invention, it is the claims of the patent that determine whether there is infringement.

There is a government fee for filing an application. However, if the applicant is an individual, an institute of higher learning, a non-profit organization or a small company with less than 500 employees, then the government filing fee is one half the normal filing fee.