Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Patent Law (2)
The Brief Summary of Invention should be closely aligned with the claims in a patent application. MPEP 608.01(d) states, “Such summary should, when set forth, be commensurate with the invention as claimed and any object recited should be that of the invention as claimed.” Additionally, the MPEP emphasizes that “The brief summary of invention should be consistent with the subject matter of the claims.” This means that the summary should accurately reflect the invention as it is defined in the claims, focusing on the key aspects that make the invention patentable.
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Including the object of the invention in the Brief Summary is optional but permissible. According to MPEP 608.01(d), “A brief summary of the invention indicating its nature and substance, which may include a statement of the object of the invention, should precede the detailed description.” The MPEP further clarifies that “The brief summary should be more than a mere statement of the objects of the invention, which statement is also permissible under 37 CFR 1.73.” This means that while you can include the object of the invention, it should not be the sole content of the Brief Summary. The summary should primarily focus on describing the nature and substance of the invention itself.
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Patent Procedure (2)
The Brief Summary of Invention should be closely aligned with the claims in a patent application. MPEP 608.01(d) states, “Such summary should, when set forth, be commensurate with the invention as claimed and any object recited should be that of the invention as claimed.” Additionally, the MPEP emphasizes that “The brief summary of invention should be consistent with the subject matter of the claims.” This means that the summary should accurately reflect the invention as it is defined in the claims, focusing on the key aspects that make the invention patentable.
To learn more:
Including the object of the invention in the Brief Summary is optional but permissible. According to MPEP 608.01(d), “A brief summary of the invention indicating its nature and substance, which may include a statement of the object of the invention, should precede the detailed description.” The MPEP further clarifies that “The brief summary should be more than a mere statement of the objects of the invention, which statement is also permissible under 37 CFR 1.73.” This means that while you can include the object of the invention, it should not be the sole content of the Brief Summary. The summary should primarily focus on describing the nature and substance of the invention itself.
To learn more: