What Information Do I Need to Write a Patent

Every invention is different. Although the purpose of a patent is to protect an invention, the information needed to prepare a patent application will vary from case to case. There is no single checklist that fits every invention perfectly.

Every invention is different. Although the purpose of a patent is to protect an invention, the information needed to prepare a patent application will vary from case to case. There is no single checklist that fits every invention perfectly.

That said, there are some general principles. These principles are broadly based on the kinds of questions a patent attorney will usually ask when helping to prepare a patent application. If you are working with a patent attorney, providing this information clearly and early can make the drafting process more efficient and more effective. Even if you are trying to draft a patent application yourself, the same points can help you think more clearly about what needs to be included.

The first important point is to remember that you are familiar with your invention, but the Patent Office and your patent attorney are not. What may seem obvious to you may be entirely unknown to somebody reading about the invention for the first time. You may also have specialist technical knowledge or industry experience which allows you to fill in gaps mentally without realising that those gaps exist on the page.

A good first step is therefore to describe clearly what your invention actually is.

It can certainly help to explain what the invention does, what benefits it provides, and what commercial opportunities it may create. However, those points are not a substitute for describing the invention itself. The key question is not only what result you want to achieve, but how that result is achieved.

This is an area where inventors sometimes become too general too early. You may have read patent documents containing broad language such as “means”, “apparatus”, “member”, “actuation means” or similar expressions. Those forms of language have their place, but they are usually not the best place to start when giving instructions for patent drafting.
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