Adoption 101: The Legal Fundamentals

Understanding The Importance Of The Product Description In Patent Applications

1 August 2019

Brayden Miles

Filing for any kind of patent for your business is a serious undertaking. The patent process is substantial, and it requires precise, accurate documentation to do it right. If you are getting ready to file for a patent for something that your business is producing, you need to understand the role that the product description plays in your patent application and enforcement of that patent later on. Here are a few things that you should know.

The Description Must Be Thorough

Your product description as it is written for a patent application must be thorough in order to be acceptable both for application and enforcement purposes. You must describe the product not only in what it is and what it does, but how it does it and how the product is crafted. 

This means including precise details, such as part measurements, hardware details, and even a step-by-step guide of the manufacturing. In some situations, such as with medications, you may even need to include efficacy information about the chemical compounds and the medication as it has been produced.

The Description Must Be Actionable

Your product description, particularly the section on its manufacturing, must be so detailed that someone can take that description, having never seen the product, and manufacture that precise item from what you've written in the document.

This is essential because the patent will protect that exact item, manufactured in that way. The best way to ensure that your description is as accurate and clear as it needs to be is to work with someone that you trust after it's written. Ask them to take your product description and produce that product. 

The Description Must Be Legally Accurate

Once you are confident that your patent application is complete and your product description is accurate, you should work with a patent attorney to be sure that your description and your application have been completed accurately from a legal standpoint.

Your patent attorney will have the legal expertise in the process to tell you if you are missing crucial details or if something you're trying to include in the application is not legally enforceable as a patent protection. 

Working with a patent attorney from the early stages can make the entire process easier and less overwhelming. 

Contact a patent attorney near you today, such as one found at the Lingbeck Law Office. He or she can discuss your product and it's protection needs to help you determine what you need to do.

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