Laying the Groundwork: Writing Your Specification to Withstand Claim Scrutiny

When Philo Farnsworth patented television in 1927, his broad claims covered all systems for transmitting and reproducing visual images electronically. Such expansive coverage relied on careful drafting of the specification, laying the groundwork to justify claiming virtually any form of video transmission. His attention to detail proved instrumental for enabling his patents to withstand numerous validity and interference challenges, thereby allowing him to collect royalty and license payments. Like Farnsworth, all inventors must strategize: how should I craft my specification to anchor broad patent protection?

Your patent’s power extends only as far as your claims – but overly broad claims will crumble without a solid specification foundation. According to recent USPTO statistics, about 60% of patents end up narrowing claims due to lack of descriptive support. The savviest inventors maximize claim coverage through specifications that:

• Emphasize technical capabilities and functional advantages over implementation details
• Disclose a range of embodiments, components, configurations, and alternatives – not just limited examples
• Use broad terminology when describing the invention and its components and steps
• Include expansive language like “in one embodiment” when transitioning between specifics
• Provide detailed accounts of prior art shortcomings to warrant broad improvements
• liberally discuss hypothetical extensions, modifications, and imaginable alternate uses

With assistance from experts like Global Patent Solutions, you can craft a persuasive narrative Specification roadmap designed specifically to provide fertile ground for far-reaching claims.

Don’t limit your patent rights unnecessarily – ensure your Specification contains sufficient breadth to justify the broad claims that make your invention commercially relevant. Because you’re only as covered as your Specification says you can be.

This article is part of a series entitled “A Guide to Protecting Your Innovations”.  To start the series at the beginning, click here.

Next up in our series, we answer the question: “What drawings or diagrams should be included in the application?”