Lesson 10: Understanding US Patents

Understanding U.S. Utility Patents

When considering U.S. Utility patents, you must consider that an invention must fall into one of the following statutory classes:

• Process – a method of operation or a process of making something.

• Includes software processes and business methods, though this is restricted and complicated by years of case law.

• This also includes a “new use” of a known process, machine, manufacture, or composition of matter.

• Machine – devices or things used to accomplish a task.

• Articles of Manufacture – items made by human hands or by machines (e.g., fabrics, boxes, etc.)

• Composition of Matter – chemical compositions, conglomerates, or aggregates.

Note that patents are often directed to minor features/elements. Patents are not equivalent to products, as modern-day products may potentially include technology from hundreds of patents.

Parts of a Utility Patent 

The design of utility patent documents follows a specific format which is broken down below: 

The Front page of the utility patent document contains:

• The bibliographic section of the patent, which includes:

• Patent information — patent number, application number, title, abstract, classification

• Dates — filing date, priority dates, patent issue date (or publication date for a PGPub)

• People involved — inventor, assignee, examiner, attorney.

• USPTO file history information — field of search, references cited by applicant and examiner.

• Representative drawing

The Specification section of the utility patent document contains:

• The technical section of the patent — describes the invention in sufficient detail to enable someone skilled in the same technical field to make and use the invention.

• Includes background, summary, detailed description, and drawings.

The Claims section of the utility patent document contains:

• The legal section of the patent — defines the scope of patent protection.