Patent application description

The patent application description is one of the important documents in the patent application. Mastering how to write an invention description will make it easier to grant patents for inventions. Viet An Law hereby summarizes an article on how to write a description of patent registration below.

Legal basis

• The Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.

What is a patent description?

According to the current intellectual property law, an invention description is one of the required documents when filing a patent application. The patent description includes a description of the invention and its scope of protection.

Conditions of invention description

In Clause 2, Article 102 of the Law on Intellectual Property in 2005, as amended and supplemented in 2009, 2019, and 2022, it is stipulated that the description of an invention must fully satisfy the following conditions:

• To fully and clearly disclose the nature of the invention so that based on that, a person with average knowledge of the respective technical field can also implement the invention.
• The accompanying drawing must be briefly explained, if further clarification of the nature of the invention is required.
• The description must clarify the terms of protection of the invention, including its novelty, inventive step, and susceptibility of industrial application of the invention.

How to write an patent description?

Normally, an invention description will include 10 contents, specifically as follows:

• Patent name.
• Mentioned technical fields.
• Technical status of the invention.
• Describe the technical nature of the invention.
• Brief description of drawings (if any).
• Detailed description of the invention.
• Examples of inventions.
• The effect of the invention or the benefits obtained by the invention.
• Claim protection.
• Patent abstract.

Specifically, method to write an invention description will be as follows:

Patent name

• The name should be short, clear and suitable to the object, function or technical field to which the invention is directed.
• Should not contain new signs of invention.
• The name of the invention should not be promotional.

Note: If the invention relates to a product or process for which a name is already in common use, the name should be taken immediately without the need for a new name. In the event that the invention relates to a new product or process created for the first time, it should be named after the function.

Mentioned technical fields

• You need to indicate the specific technical area to which the invention relates or the area in which the invention is used.
• This field must be consistent with the field of international patent classification.
• It is necessary to state the name of the invention and a sign identifying the area of its use to supplement and explain the name of the invention.

Technical status of the invention

• The applicant needs to state one or several known technical solutions that coincide with the object stated in the application in terms of technical nature and purpose and effect, these solutions must solve the same problem as: invent.
• It is necessary to show the basic signs, the disadvantages of these solutions and their causes which will be partially or completely overcome by the invention.
• The source of information on the reference solutions must be indicated (such as patent number, country of issue, title of publication, author, etc.).

Note: The technical status of the invention can be presented in two ways:

• Indicate each solution, its basic signs and must clearly state their disadvantages and causes so that they can be overcome.
• State all the technical solutions as a whole and then point out the general and specific disadvantages of each.
• In addition, you need to choose from among the technical solutions the one that is supposed to be the closest.

Technical nature of the invention

• The purpose of the invention must be shown, that is, the benefits that the invention will bring to society.
• That purpose must be specific, objective, not general and must not be advertising.
• It must be described by what technical means or by means of which the proposed invention can achieve the purpose set out in the description.
• Parts of a technical nature that go beyond the scope of the patent claim should be avoided.

Brief description of the drawings

• Drawings of the invention, diagrams intended to facilitate understanding of the invention.
• This part must be presented as a separate document of the application, must be presented in accordance with the technical regulations.
• Description of this section must be shown in black, crisp, colorfast lines.
• Multiple drawings can be displayed on a single sheet of paper. These drawings must be compatible with each other, with other documents of the application and especially the description, with the indicative signs in order to avoid misleading the invention.

Note on model presentation: In order to make the invention easier to understand, the following figures show the invention in different embodiments, among which:

• 1 is a perspective drawing of the device in an embodiment of the present invention.
• 2 is a cross-sectional drawing along line AA on H.1.

Detailed description of the invention

In this section, the invention must be described by its characteristic signs so that the invention can be easily realized by the average person in the industry and must correspond to the claim stated in the application.

Examples of invention implementation

This section is intended to demonstrate the ability to achieve the intended purpose and industrial application of the invention. In addition, to demonstrate the inventive nature of the invention. The writer needs to show one or more real-life examples to show how this invention can be applied in practice.

Claim protection

• A patent application is intended to determine the scope and volume of protection of the invention.
• This copy should be presented briefly, clearly, and especially in accordance with the descriptions shown in the detailed description.
• A claim may include one or more points, among which there may be one or more independent points or one or several dependent points.

Patent brieft

• State the area in which the invention is used or related.
• Must have an patent name.
• The nature of the invention must be highlighted by showing the essential distinguishing features (should be brief because the description of the technical nature is already covered).
• This section must not contain advertising information.
• The summary should be clearly written in as few words as possible, but still be complete. The summary will usually be no more than 150 words.
• This section may contain formulas or featured drawings to help better understand the invention.

Above is an article on how to write a patent application description. If you have any questions about the patent application description, please contact Viet An Law for our best support!