Chapter §11.12 Sample Patent and Its Components

• Jurisdiction: United States

§11.12 Sample Patent and Its Components

The meaning of the word patent can be viewed in two senses. One use of "patent" refers to an official document issued by the U.S. government. The entirety of the document is referred to as the patent's specification, which is composed of (1) the written description, (2) drawings (where necessary to fully enable others to make and use the invention), and (3) the claims.³⁶⁰

Figure 11-6 reproduces in its entirety U.S. Patent No. 6,412,402 to Griffin for an "Edge Making Baking Pan." The prosecution history of the Griffin '402 patent was detailed above.³⁶¹ Digital copies of U.S. patents are available for viewing and downloading from the USPTO's website and other electronic sources.³⁶²

In the Griffin patent reproduced above, the written description portion includes those sections titled "Cross-Reference to Related Applications," "Background," "Summary," "Objects and Advantages," "Drawing Figures," "Reference Numeral in Drawings," and "Description of Invention." These section headings were supplied by the applicant and not mandated by the USPTO. However, it is common to see in U.S. patents at least the section headings "Background," "Summary," "Brief Description of the Figures," and "Detailed Description" (or similarly worded section headings). The Griffin patent includes only one claim, which appears at the end of the document (Col. 3, line 5—Col. 4, line 7). This is atypical; most utility patents contain multiple claims.

In addition to the use of the word "patent" to refer to the document issued by the USPTO, the other meaning of "patent" refers to its nature as a legal instrument granting its owner valuable but time-limited rights.³⁶³ Specifically, the grant of a U.S. patent is a grant by the U.S. government to the patent owner of the right to exclude others from practicing the invention in the United States without the consent of the patent owner, for a period of time that averages 17–18 years. Importantly, the patent right is a negative right to prevent others from taking certain actions (e.g., making, using, selling, importing) with respect to the patented invention; it is not an affirmative grant to the patent owner of the right to make or use or sell the invention. One may own a patent and yet not be able to practice it for any number of legal and/or economic reasons, as discussed elsewhere in this treatise.³⁶⁴

--------

Notes:

^[360] See 35 U.S.C. §112 ¶¶1–2 (2006).

^[361] See supra §11.11 ("Sample Office...