Abstract
The abstract is a brief summary of the invention’s essence, providing a concise overview of its most significant features and functionality. As it’s often the first glimpse for reviwers, the abstract is a critical component of the patent application. It is recommended to draft the abstract at the end of the specification process, particularly after finalizing the claims. This ensures that the abstract accurately reflects the invention’s scope as defined in the claims.
Guidelines for Drafting an Abstract
Drafting the abstract, though not inherently challenging, requires adherence to specific guidelines due to the legal context of the specification. The specific guidelines are set forth in MPEP sections 608.01(b), which draw upon 37 C.F.R. 1.72(b). These guidelines dictate:
- Placement & Format: Place the abstract on a separate sheet after the claims, titled “Abstract” or “Abstract of the Disclosure,” excluding any other content in the same page. Limit it to a single paragraph of no more than 150 words and 15 lines.
- Content: Provide a concise overview that highlights the invention’s novel aspects, avoiding speculative applications, comparisons with prior art, or claims of merit. Tailor content to the patent type (e.g., machine, process), detailing critical elements like the invention’s organization, function, manufacturing method, identity, and usage, or procedural steps.
- Language: Employ clear and straightforward language, steering clear of legal terminology and unnecessary repetition. Avoid specific phrases such as “this disclosure describes” and claim-related terms like “means” and “said.”
- Responsibility and Compliance: The applicant is responsible for drafting an accurate abstract. The Office of Patent Application Processing (OPAP) ensures adherence to guidelines, potentially requiring amendments or additional submissions. Any changes must avoid introducing new matter.
Avoiding Common Pitfalls
Certain pitfalls should be circumvented to ensure compliance with USPTO guidelines and to maintain the clarity and precision of the disclosure. Specifically, an effective abstract should:
- Directly Address the Invention: Avoid introductory phrases that do not add substantive information about the invention, such as “This disclosure concerns,” “The disclosure defined by this invention,” or “This disclosure describes.” Instead, immediately describe the invention or summarize the first independent claims. For instance, rather than beginning with “The disclosure is related to a media device for playing multimedia files,” it is more effective to state directly, “A media device for playing multimedia files comprises components A, B, C.”
- Omit Reference Numbers: While reference numbers are common in PCT application abstracts as per PCT Rule 8.1(d), they are seldom used in US patent documents. To align with the typical practice for US patent applications, avoid including reference numbers in the abstract, notwithstanding their expectation in PCT applications.
- Avoid Legal and Technical Jargon: The abstract should be free from legal terminology, excessive technical jargon, and claim-related terms like “means” and “said” that might obscure the invention’s description to the broader audience, including patent examiners and industry professionals.
- Refrain from Making Claims of Merit: Statements that suggest the invention’s merits, such as enhanced efficiency or suprior performace, should be omitted. The abstract’s purpose is to succinctly describe the invention’s technical aspects, not to evaluate its advantages or compare it with prior art.
Examples and Corrections
Revised: “A device for multimedia playback includes a multimedia file decoder configured to process various multimedia formats, and an output system comprising a display and a speaker system.”
Corrections Explained:
- Focus on the primary aspect of the invention.
- Employ specific terms like “a device” or “a method” instead of “the invention.”
- Begin the abstract with a direct statement that conveys the essence of the invention.
- Refrain from mentioning the advantages or merits of the invention.
Shortcut for Drafting Abstract
An efficient shortcut for drafting an abstract involves directly rephrasing the patent’s first independent claims into a format appropriate for an abstract. This method minimizes time and effort required. Here is an example to implement this approach:
1. A communication device for enabling wireless connectivity between electronic devices, comprising: a processor configured to manage wireless connections; a memory coupled to the processor, configured to store connection data; and a transceiver for transmitting and receiving wireless signals based on the connection data stored in the memory.
Abstract:
A communication device for enabling wireless connectivity between electronic devices includes a processor for managing wireless connections, a memory for storing connection data, and a transceiver for transmitting and receiving wireless signals. The memory is coupled to the processor. Transmitting and receiving wireless signals is based on the connection data stored in the memory.
In the example, the abstract captures the essence of the independent claim by stating the subject of the invention (“A communication device “) and summarizing its main components (processor, memory, and transceiver). The rephrased abstract retains the core information from the claim but presents it in a descriptive manner. This method of drafting abstracts by rephrasing independent claims is particularly useful for maintaining the integrity of the technical disclosure while ensuring the abstract serves as an effective summary.