Detailed Information About Patents Important Disclaimer Definition Patents for inventions (or "inventions patents") are those that protect processes and the concept or idea behind a product or process. These are merely called "patents", "invention patents" or "standard patents" in most countries, but in the US are called "utility patents" and should not be confused with utility model patents, discussed below. Invention patents, world-wide, are presented in a generally uniform manner. Take a look at some sample patents before reading further, as referring to actual patents will assist you in understanding the below description of standard patent features. Copies of patents may be perused without fee or for a nominal charge at all local Patent Offices or on the Internet. We suggest you go the European Patent Office "esp@cenet" web site where you can download patent documents. Standard Invention Patent Format Now that you have a patent in front of you, you will see that it has been written in the following standard format: Title All invention patents must have a broad title, for example, "Improvements Relating to a Stapling Device". Background to the Invention Invention patents start with a background discussion of the existing technology and the problems not yet solved by that technology. Existing technology is referred to in the industry as the "prior art", the "art" being the field of technology concerned. For example, in the background to a patent for a stapler it might be noted that known combinations of staplers and staple removers all have jaw-like staple removers that do not remove staples easily and quickly and are expensive to produce. Objects and Statement of Invention A patent also includes a list of the objects intended to be achieved by the invention, followed by a statement as to what the inventors believe their invention to be and how it achieves the stated objects. For example, an object might be to provide a stapler which can also remove staples, the "statement of invention" being the provision of a tapered staple removing arm connected to a stapler which arm can, in use, be slid under staples in paper in order to lift the staples out. The "statement of invention" usually follows the format of the claims and is often complex and long-winded. Brief and Detailed Descriptions A brief description of any appended drawings is provided followed by a detailed description of exactly how the invention works (with reference to the drawings, if any) and how best to manufacture it or put it into practice. This can include examples and test results as appropriate. The title, background, objects, statement of invention, brief description of drawings and detailed description of the invention are known collectively as the "patent description". Claims Following the description of the invention are the "claims". This is the section of a patent specification where the inventors (or rather their patent attorneys) outline exactly what they claim to have invented and what, on grant of the patent, will be theirs to exclusively exploit. The drafting of claims is difficult work. The main objective is to describe the invention in a way that covers the underlying concept rather than the one "embodiment" or example of that concept which has been made to date. This means that all minor variations that could possibly be made to a product should as far as possible be anticipated and the claims drafted so as to include those possible variations. For example, although the staple removing arm in a combination stapler and staple remover is, in the prototype produced, formed together with the base of the stapler from a single metal piece, the claims might describe the arm as being "connected" to the base. This leaves the way open for connecting the arm in ways other than forming it integrally with the base. Whilst it is important to make claims as broad as possible so as to include all variations, it is also necessary to exclude all of the prior art, or existing technology. For example, we cannot claim: "A combination stapler and staple remover, comprising a stapler and a staple removing device", since we know that combination stapler-staple removers are already known (and also because it does not provide enough information about how the invention works). Instead, since the known remover is jaw-like, we might claim: "A combination stapler and staple remover, comprising a stapler provided with a staple removing device, characterised in that the staple removing device is in the form of a tapered arm connected to and extending from the stapler and which, in use, may be slid under a staple in a stapled medium to lift the staple out or partially out of the medium". This explains why the language of claims can be tortuous and difficult to read. The reading of claims is further complicated by the need for each claim to be a single sentence (dictated by tradition, but now enshrined in law). It can be seen from any set of patent claims that there are two different types of claims, "independent" claims that stand on their own, and "dependent" claims that refer to earlier claims. Independent claims outline the invention in the broadest possible terms. Dependent claims then each add a further narrowing feature to the concept outlined in the independent claims. Dependent claims are a form of shorthand used to avoid having to list all the features of an invention already listed in earlier claims. The dependent claims might seem redundant since the independent claim is the broadest and therefore provides the best protection. The purpose of including the dependent claims is for ease of prosecution and enforcement of the patent application and resulting patent. If, when the patent application is examined (see filing, examination and grant, below) or challenged in court, some prior art is found which is covered by the independent claim, then that claim must be narrowed so as to exclude the prior art. One or more features of the invention as detailed in the description will need to be included in the independent claim in order to narrow it. This process is very common and to save searching through the description for suitable features, patent attorneys ideally include a list of all the interesting and new features of an invention in separate dependent claims. It is, however, still permissible to insert into an independent claim features detailed in the description but not included in the dependent claims. For example, during examination some prior art is found in which another stapler having a staple removing arm is described. This arm has a different structure to the arm we have invented, but is tapered and does slide under staples to pull them out, and so would still be covered by the independent claim: "A combination stapler and staple remover, comprising a stapler provided with a staple removing device, characterised in that the staple removing device is in the form of a tapered arm extending from the stapler and which, in use, may be slid under a staple in a stapled medium to lift the staple out or partially out of the medium". It would therefore be necessary to include more information about the structure of the arm in order to avoid covering the prior art combination stapler and staple removing arm. Drawings The drawings may look to be the simplest part of a patent specification, but these too are subject to conventions and rules. In general, wording is not permitted on a drawing, unless it is a flow diagram. Numbers are used to indicate the various parts of a product and these numbers are referred to in the description and, sometimes, in the claims. Further, patent drawings need to be clear and uncluttered and should not, in general, include any markings indicating dimensions or materials used since these may limit the scope of protection to those dimensions or materials. Engineering drawings are seldom suitable and special drawings usually need to be prepared for a patent specification. Abstract All patents include an abstract of the specification describing the essential features of the invention, for ease of reference. The title, background, objects, statement of invention, brief description of the drawings, detailed description, claims, drawings and abstract are collectively referred to as a "patent specification". This term will be used in all further discussion, since a "patent", technically, refers to a patent certificate, not a patent specification. Filing, Examination and Grant Once a patent specification has been written, an application must be filed in a Patent Office for the grant of a patent certificate, which is issued by the Government concerned. Patent certificates are not issued automatically, however. First, the relevant Patent Office or rather the patent examiners working in the Patent Office, must check the patent specification and ensure that it complies with the laws of their country. Examination is conducted in two steps. The first is a formality or "preliminary" examination in which the application documents and fees (and sometimes some other aspects of the application depending on the country and type of protection sought) are checked for completeness and compliance with the relevant patent law and regulations. In most countries preliminary examination is completed promptly, within a month or so of filing the application. The application then enters a queue in which it must wait its turn for "substantive" examination by a patent examiner qualified in the field of technology concerned, for example mechanics, electronics, chemistry, biotechnology or computer science. Many countries have serious substantive examination backlogs, due to a shortage of examiners and an increasing number of applications. What do examiners look for when they examine a patent specification? The most important step is to determine, as far as possible, whether or not the invention really is a new invention. Examiners do this by searching through databases of existing published patents and professional journal articles. If they find something they believe "anticipates" the invention concerned, they notify the applicants or, more usually, their patent attorneys. This notification is usually in the form of an "official action", a "written opinion" or an "examination report". The patent attorneys must assess the documents uncovered and must either change the claims (see "claims" above) so that they do not cover what the examiner has cited (this is called "limiting the scope" of the claims) or, if they disagree with the examiner, argue their clients' position with the Patent Office concerned. This process of corresponding (more akin to negotiating) with a Patent Office is called "patent prosecution" and can take some time. The time taken and the number of letters issued by the Patent Office differs from country to country and case to case. Providing any objections to the grant of a patent have been dealt with, a Patent Certificate will issue. This gives the applicants, or anyone they may sell the invention to, the right to exclusive use of the invention for a specified period. In most countries this period is now 20 years from the date the application for a patent was filed in the local Patent Office. If the objections cannot be dealt with, the application will be refused and no Certificate will issue. The applicants will have no patent rights in the invention concerned. This usually happens when it is found that the invention has already been described by another party and is therefore not new. Since the patent specification has already been written and a full examination has been undertaken, it is not possible to obtain any refund from the Patent Office or from patent attorneys if this occurs, and it is therefore wise to have a patent attorney do their own pre-filing search of the relevant databases to try to determine in advance whether or not an invention is new and therefore the likelihood of a Patent Certificate being awarded. Utility Model Patents Some countries have adopted a "utility model" system (notably China, Japan, Taiwan, Hong Kong, Australia and Germany) in addition to an invention patent system. Again, it should be noted that US "utility patents" are invention patents and should not be confused with "utility models". The US has no utility model system. In some countries the utility model type of protection is known as a "petty patent" or "short term patent". Unlike invention patents the laws concerning utility models have not been very well harmonised internationally, and each country tends to have its own unique set of laws in this area. In most countries providing for utility model patents, the four features that distinguish utility model patents from invention patents are that they have a life span shorter than invention patents; the standard of invention is lower than for invention patents; they are not given a "substantive" examination by the relevant national Patent Office; and they cost less than an invention patent. The purpose of these patents is to provide lower cost protection, with a Patent Certificate that issues quickly, for "low-tech" and short life-span inventions or for those inventions which are likely to be copied as soon as they enter the market. Since applications for utility model patents are usually given a preliminary examination only and often no search is made to determine whether the invention is already known, examiners qualified in technical disciplines are not required and this significantly reduces the cost and the time taken for the Patent Office to complete examination. As far patent attorneys are concerned, however, the time taken to write a patent specification for a utility model patent is, depending on the field of technology, no shorter than that for an invention patent, since all the same features are required. That is, utility model patent specifications, just like invention patent specifications, have a title, background, objects, statement of utility model, brief description of drawings, detailed description of the invention, claims, drawings and an abstract. Although there will be few savings on writing the specification, patent attorney fees for prosecution are minimal since utility models are given only a preliminary examination. Contact us to file a patent application Intellectual Property FAQ Disclaimer IMPORTANT - Please read this disclaimer carefully as it concerns your rights. The Intellectual Property FAQ are intended to provide general information only and not advice with regard to specific cases. The information given is non-exhaustive. Furthermore the relevant law and its interpretation is liable to change and may vary from country to country. You should contact us for advice specific to your own situation. Whilst every effort has been made to ensure the accuracy of the information, no responsibility can be accepted by any member (firm or individual) of the Lloyd Wise Group for any inaccuracies or omissions, however caused therein. Nor can any responsibility be accepted for any loss or damage to any company or person as a result of actions taken or not taken on the basis of the Intellectual Property FAQ.