PATENT ATTORNEY – SAMPLE TEMPLATE DRAFT “SUMMARY:”

PATENT ATTORNEY – SAMPLE TEMPLATE DRAFT “SUMMARY:”

[0002]   Embodiments disclosed herein provide systems and methods for [[insert what application is about, 1 paragraph]].

[0003]   In embodiments, [[insert language from independent claim 1]].

[0004]   In embodiments, [[insert language from dependent claim 2]].

[0005]   In embodiments, [[insert language from independent claim 3]].

[0006]   Repeat for all claims.

[0007]   These, and other, aspects of the invention will be better appreciated and understood when considered in conjunction with the following description and the accompanying drawings. The following description, while indicating various embodiments of the embodiments and numerous specific details thereof, is given by way of illustration and not of limitation. Many substitutions, modifications, additions or rearrangements may be made within the scope of the embodiments, and the embodiments includes all such substitutions, modifications, additions or rearrangements.

PURPOSE:

MPEP section 608.01(D) states that a brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.

PATENT ATTORNEY – COMMENTS:

1)   The summary section of an application is not needed.

2)   Patent attorney’s use the summary section to provide “literal support” for the independent claims within the body of the application. This can be used to satisfy 35 USC 112, first paragraph rejections.

3)   If an Applicant is only going to file the patent application in the United States, the summary section may be omitted. However, it is good practice to include the summary section just in case the patent application will be foreign filed.

4)   If a further “background” is needed for the patent application, I sometimes will include it in the beginning of the summary section. This is to avoid “applicant admitted prior art” problems that may arise if a patent application includes a longer “background section.”

5)   I will use the first paragraph section of the summary section of the patent application to give a high level overview of the patent application including the “most novel aspect” of the invention at the time of filing. This can be used as a good indicator for me on what was important when filing the application when receiving an office action several years (and many applications) down the road.

6)   The summary section is a good place to make sure that terms throughout the application are constant and the same throughout the application. When I draft the summary section of an application, I have a list of all the nouns, modules, and system components that are used throughout the application.

7)   Numerals are not needed for the summary section description because the figures have not been introduced in the patent application. By not including numerals for the system components that application could be later argued to be broader than what it really is.

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