Patent Attorney and Founder
Everybody, my name is J.D. Houvener, and I’m so glad you made it here. This is our awesome blog, which is all about how to write a patent application. We’re giving away the secrets – some of the golden keys that are gonna help you take your first steps and actually perform the work that we do. So, we’re gonna go through it all in detail. In this section here, this is just the first step – step 1. Okay, don’t get too intense. This is the category and title, that’s it – nothing too tricky.
The category, where as a patent category, think about your invention, your product, your system, your method. We’ve got to try to put it in the right bucket. There are four major types of patent types that are eligible under Section 101 of the patent code. The first one is a device, alright, a device, also called a machine. This is probably what your invention is if it’s a product – a single product that’s made of marks of multiple pieces that move and has some functionality. This is where you would want to categorize your invention if it’s something tangible, something you can touch and feel – that’s the first type.
The second type – this is called a manufacture. The reason why they’re different is because this is the result of some artificial or man-made manufacturing. So, it’s not the actual movable parts and machines; that’s category one. Category two is the result of that manufacturing. Think about silicon chips, think about actual batteries. It’s the end result of that manufacturing. They put together multiple materials and had to go through a molding or a forming or some sort of a machining type step, and it’s the end result that is actually providing the functionality that you’re looking for. Another good example is an airplane propeller because of the way it’s shaped, it provides an airfoil and has that functionality of getting additional propellant going forward – that’s type 2.
Type number three is called the composition of matter. This is quite different. This is still something tangible but is a product that is a combination of whether it’s liquids, gases; it can even be powder and solids. So, when more than one element comes together and forms an amalgam – some sort of a mixture – that’s when you have a composition of matter claim. The big breadwinners here are pharmaceuticals and also different types of metallurgy.
Okay, the last type – type number four – is process. Process patents are those that make up the broad majority of all software and business method patents. So, if that’s what your invention entails, it’s gonna end up being category four. So, pick the category, take your time, make sure you get it right.
The next step is gonna be just putting a title. It’s important to have a title, right? You’re going up and down an elevator, meet somebody, and want to introduce your invention at least at a high level. You’ve got to spit it out quickly. So, we force you to do that. I want you to do it in less than 50 characters. Usually, that means seven, maybe eight words if they’re short. Keep it brief and make sure you hit the high points and get your invention discussed in your title.
Thank you for looking into the section one of a 13-part step process on how to get your application filed. I’m J.D. Houvener, your host of the Bold Today Show. Go big, go bold.