Patent Attorney and Founder
Hi everyone, I’m J.D. Houvener, your host of the Bold Today’s Show, where you, the inventor, entrepreneur, or business owner, get your daily inspiration so you can go make the world a better place.
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Hey, we’re still in our 10-part series talking about this super soaker and diving in deep into each different section of this patent. Today we’re talking about the detailed description and what language gets used. This is the bread and butter, this is where the rubber meets the road when you’re talking about the invention. The detailed description is where the attorney gets to describe in written language what the invention is. They are required by 35 USC 112 to describe an enabled invention, a fancy term that means the invention has to be described such that someone else, like them in the industry, like the inventor that is, could make or use the invention.
So, you’ll see in this first part of the detailed description, before we start getting into the figure-based description which we’ll talk about tomorrow, this is where the color or the outline of the invention should be painted. If you remember back to your English or grammar school days when you looked to write an essay, a properly APA formatted essay, you’re going to want to identify in the introduction what you’re going to talk about. Introduce, by paragraph or by sentence structure, all the different aspects of what you’re going to be talking about. That’s sort of a high level so that the reader, the examiner in this case, is the reader, they know what you’re going to be describing.
So, that’s what this is, in essence. The front part of the detailed description should describe what the invention is in words and what it does. It provides the examiner a roadmap in what you’re going to be describing and the level of detail that you’re looking to try to capture when it comes to the claims. Again, it all comes down to the claims. This detailed description is setting up the basis for what the inventor is claiming is theirs. The attorney carefully crafts all parts of this entire application, and the detailed description is really the most near and dear, making sure that each claim is fully substantiated and fully described, and identified through structure and is enabled in the specification.
So, for more information about detailed descriptions, stay tuned for tomorrow. This is a nice example as you read through this patent about how to lay out that framework. If you have any additional questions, please give us a call.