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Best Patent Drafting Practices

Updated: Jan 28, 2022

Author: Howard Sheerin, SiliconValleyIP.com


Drafting broad and enforceable patent applications is not a "draft by template" exercise. Drafting a valuable patent begins with identifying the inventive aspects as defined by the prior art, and then drafting the claims and drawings, both in a nested scope, starting from the broadest concept, and then narrowing down with specific features recited in dependent claims that are shown in the drawings. Every claim in the patent application should be supported by the specification (shown in the drawings or described in the detailed description of the drawings). The background of a patent application should be drafted only as a general description without describing the problem being solved or related prior art. Howard H. Sheerin, the principle patent attorney at SiliconValleyIP, published a YouTube video discussing these and other patent drafting tips in view of an example patent application:


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