How should an Innovation be Described?

Patent attorneys refer to an inventor's written description of their innovation as an "invention disclosure".  Written well, an invention disclosure can form the basis for investigating and determining patentability, along with drafting a high-quality patent application.

At a minimum, a reasonable invention disclosure should provide a:

  1. list, ranked by inventor-perceived value, of the concepts the inventor(s) believe are innovative;
  2. simple explanation of the background and nature of the problem each listed concept solves;
  3. brief identification, for each listed concept, of its unique structural features, unique functions, and unique interrelationships therebetween;
  4. summary of the most significant difference(s) between each listed concept and any inventor-known previous solutions to the problem and/or closely related problems;
  5. description that:
    1. explains how to make and use the full scope of each listed concept in the best way the inventor(s) currently know; and
    2. is sufficiently detailed to empower one of ordinary skill in the field to successfully make and use the full scope of each listed concept without experimentation; and
  6. for each listed concept, any available evidence of:
    1. recognition of a problem not recognized by others (e.g., competitors);
    2. long-felt but unresolved need in the market for a solution to the problem;
    3. failed attempts by others to solve the problem;
    4. skepticism of experts in this concept;
    5. teaching away from this concept by others;
    6. praise by competitors or others for this concept; and/or
    7. any unpredictable results/benefits achieved by this concept.

Our Invention Disclosure Form can be a very helpful guide when communicating information regarding an innovation, particularly from an inventor to a patent attorney.  Although our form is very complete and rather long, think of it as a guide rather than mandating what information is required.  Download our Invention Disclosure Form by clicking on either of the links below.  

Invention Disclosure Form in Acrobat (.pdf) format

Invention Disclosure Form in Word (.doc) format

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