Anything else other than the list at the bottom?

I have to do a lot of software patent applications for a hi-tech startup. Management wants 100 this year.

For software patents of our embedded product with firmware, inter-system communication, and backend computers, the present major sections of each application are:

Major sections of a software patent application:


What's missing?

3 Answers 3


A patent specification is a techno-legal document based on which patent rights are decided. The patent document includes several section, which includes, title, abstract,specification, drawings and always one or more claims. Claims are the ones that defines the metes and bounds of an invention. In other words, claims define the scope of patent right. Claims are drafted such that it defines the boundaries of the invention with a purpose of providing clear notice of the claimed invention. Basically claims provide notice to the public, usually a business entity seeking to avoid a patent of what patent covers.

There are basically two types of options available for filing a patent application, a provisional application and a complete application. A provisional application is also a techno-legal document filed in the patent office. The provisional application establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.The provisional application includes a specification, i.e. a description, and drawing(s) of an invention but does not require formal patent claims. The main difference between a provisional and a complete patent application is, a complete application(non-provisional patent application) will have a “claim” section, whereas the claim section will be absent in a provisional application.

In a computer related invention, the patent application may disclose a computer processor or hardware that may be sufficient for enabling a general computing function. However, mentioning a computer processor or hardware may not be sufficient for enabling a structure for performing a specific function, since novelty in computer related inventions most often resides in the software or the computer program that is being executed on the computer processor or the hardware, not the hardware itself. Generally, in inventions related to technologies, such as mechanical engineering, the corresponding structure for functional claim is easily identifiable. However, when it comes to identifying the “corresponding structure” for a computer related invention (ex: means for selecting a data file), an “algorithm” is the one which carries out the claimed function, and is usually regarded as the corresponding structure for a computer-implemented means-plus-function limitation.

The algorithm need not necessarily be in the form of source code; the algorithm may be expressed in any understandable terms, such as mathematical formula, in prose, or as a flow chart, or in any other manner that provides sufficient structure.

For example, if an encoder is claimed using functional language, disclosure of a computer processor or hardware may not be sufficient for enabling a structure for performing the claimed encoding function. The specification must describe in detail, may be by using a flow chart, the method of carrying out the function recited in the claims.

For further details please check the link below http://www.invntree.com/blogs/what-are-different-patent-filing-options http://www.invntree.com/blogs/why-should-patent-specifications-be-drafted-by-patent-professionals http://www.invntree.com/blogs/disclosure-requirements-for-software-patents




Um, are you a patent agent or attorney? I'm not, but those don't look anything like the fields I would expect to see in a patent. I'm also in the United States, so I suppose that could be different. But a patent should consist of an Abstract, a Specification, Claims, and Drawings.

I could be totally misunderstanding your question, and I'll gladly remove or adjust this answer if I am. But assuming you're looking to file a non-provisional for it, those are the main parts you'll have to worry about.

If you look up MPEP on the USPTO.gov site, you'll find a list of the things you need.


Are you filing in the U.S.? If so, then you can find the major headings in either the Manual of Patent Examining Procedure1.

Generally, I recommend using the headings provided in the Manual and adding any others that make sense to help the reader understand in the invention. Often I add Definitions section and an Examples section (if the invention involves experimental descriptions).

You have a lot of latitude in how you write the application.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .