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How To Draft A Patent That’s Useful For Your Business: My Approach To Success

by | Sep 28, 2023 | 0 comments

How to Write a Patent

When it comes to patenting your invention, ensuring your patent attorney or patent agent has the right information is crucial. I’ve learned through experience that the effectiveness of your patent lies in the details you provide.

The heart of a patent lies in its claims. These claims should align with your business objectives. (Want to learn more about claims? Patent agent Kevin Prince of QuickPatents has written an entire series for us about how to write a patent claim.)

Below, I describe offer tips on how to work with your patent attorney or patent agent to get the most useful patent possible for your business.

Disclaimer: I’m not a patent attorney; I’m an inventor. And thus, I am not giving legal advice!

How to Write a Patent That Is Useful For Your Business: My Approach to Success

1. Start with a Provisional Patent Application

I initiate the process with a provisional patent application. In this, I’m crystal clear about a few things:

  • The Problem: I spell out the problem my invention solves.
  • The Solution: I explain my invention’s solution clearly.
  • Manufacturing Insights: I share any special know-how about making my invention more efficient.
  • Materials: I list the materials that could be used.
  • Workarounds and Variations: Yep, I even think about how someone might try to work around my patent and cover those bases.
  • Drawings: Pictures really are worth a thousand words. So, I include plenty of drawings to make things super clear.

You can do this yourself or engage a patent attorney or agent to do it for you. Just make sure they have this kind of detailed information.

2. Share Marketing Materials and Prototypes

I make sure to give my patent attorney or agent any marketing materials or prototypes I’ve built. This helps them understand what works and what doesn’t in my invention. It’s like giving them the full picture.

3. Prior Art Research

Ever heard of “prior art”? It’s anything that’s similar to your invention that already exists. Becoming aware of the prior art is a cornerstone of my patenting process, and I encourage you to do the same.

This knowledge helps me grasp exactly what is different and unique about my invention, and thus what I need to safeguard with my patent. It’s all about recognizing what sets my invention apart from the rest. This step is absolutely crucial.

4. Make a Checklist for Your Patent Attorney

When I switch to the non-provisional patent application, I take a crucial step. I create a detailed list. This list is essential because it outlines exactly what needs safeguarding. I do this for both my patent attorney and myself.

5. Check Your Claims

Once the patent attorney takes over for the non-provisional patent application, I stay involved to make sure the crucial aspects, what makes my invention stand out, are properly covered in each claim. They walk me through which claims to safeguard the items on my list. I ensure that the claims directly align with my point of difference – the very essence of my business objective.

This step is crucial because it’s the only way to be sure your claims protect what truly matters to your business.

Final Words

So, there you have it, folks. Ending up with a patent that is genuinely useful for your business isn’t rocket science, but it does take some savvy. Remember, your patent attorney can only work with what you give them, so make sure it’s the right stuff. Protecting your business starts with you.


  • Stephen Key

    Stephen Key is an award-winning inventor, renowned intellectual property strategist, lifelong entrepreneur, author, speaker, and columnist.
    Stephen has over 20 patents in his name and the d...