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Common Patenting Mistakes: Saying What Instead of Saying How

Common Patenting Mistakes: Saying What Instead of Saying How

Many inventors focus on what their invention achieves that previously available alternatives were unable to achieve (i.e. more, better, faster cheaper). That is important in terms of marketing, but patents are about technology. When preparing your patent application, imagine you are writing an instruction manual for a do it yourself kit. Try to include all details that a person that has never done it before would need.

When you go to write a patent application, you need to think in terms of what physical components are in the device that make it capable of those achievements you want to market. If your patent is about an industrial process, think about what new steps you add to the process, or how you changed known steps.

Once you have identified the components or steps that contribute to the unique achievements or advantages of your invention, make sure they are well described in the text and depicted in the figures. You will not be able to add more details after filing the application. However, you will be able to import advantages described in the specification to the claims during examination if the need arises.

The mistake you want to avoid is leaving out important details.

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