Patent Attorney and Founder
You’re ready to patent your invention, but you just found out you need something called a “patent abstract.” If you’re not sure what that is or what you should do next, don’t panic! An abstract is a written summary that is included as a separate page with your patent application and is designed to help the United States Patent and Trademark Office (USPTO) examiner understand, at a high level, what your application is about and what the underlying invention is. If you are not sure how to write a patent abstract, keep reading (but know that your patent attorney can help you with this process too).
Step 1: Understand how abstracts are used.
Before you begin drafting your abstract, it can be helpful to take a step back and understand who reads the abstract and how it is used.
First, the abstract you submit will be part of the official patent application. A USPTO examiner will read the abstract to get an understanding of what your invention entails. But the examiner is not the only person who could see the abstract.
Abstracts are available when others are searching the patent database. So, a well-written abstract could help you attract potential licensees for your invention.
The abstract could also later be used by the courts to construe patent infringement claims.
For these reasons, it is important to put time and effort into writing a patent abstract.
Step 2: Follow the rules!
As is the case with other elements of the patent application process, there are specific rules and requirements for patent abstracts.
- Word Limit. First, your abstract can have no more than 150 words and should be no longer than a single paragraph. The patent abstract word limit is not a lot to work with, so it is critical that you write the abstract paragraph as clearly and succinctly as possible.
- Header and Location. Your abstract needs to be on its own separate page after the Claims section of the application. Use a header that simply says “Abstract” or “Abstract of the Disclosure.”
- Content. Your abstract should effectively convey to readers the basic idea and background behind your invention. Don’t worry; the more technical aspects of the invention are covered in more detail in the application itself, so there is no need to include claims or scope in the abstract. If there is relevant prior art, your abstract should mention the improved aspects of prior art without comparing your invention to the prior art.
Step 3: Read, edit, and re-read your abstract. Repeat as necessary.
Because the purpose of your abstract is to help readers understand the underlying invention, writing those 150 words can (and should) take some time. Sometimes inventors understand the details of their inventions well but have a difficult time distilling their ideas into one paragraph using clear, non-technical jargon. Working with a patent firm can help ensure your abstract clearly conveys what you are trying to convey and can help you avoid having your abstract rejected by the USPTO.
The most common reasons for rejected abstracts are the simplest to avoid. For example, if your abstract is not on its own separate page or if it is fewer than 50 words or greater than 150 words, it will be rejected. Similarly, not using appropriate language or failing to describe the invention can also result in added costs and unnecessary delays due to rejection.
Bold Patents helps inventors across the country protect their intellectual property. Learn more about our services. Contact us to request a patent abstract example or to schedule a complimentary screening with a non-attorney advisor who can answer general questions about our firm and how we can help.