Patent and Invention Help Forum

Difference between Brief Description of the invention and the Abstract?

I am asking primarily with regard to a provisional patent, but even in reading previous art there seems to be a lot of redundancy. Are there any essential differences between the brief description and the abstract, other than the 150 word limitation on the abstract?  Can they be identical if less than 150 words?  My brief description is only 155 words and includes some "benefits" of the invention which help distinguish it from previous art, which could be removed for the abstract.
« Last Edit: August 31, 2014, 06:27:08 PM by Warren »

Brad

  • Patent Agent
  • *****
  • 1858
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Difference between Brief Description of the invention and the Abstract?
« Reply #1 on: September 01, 2014, 08:53:21 AM »
I have sometimes seen people copy/paste between the two sections and that is certainly fine for the provisional application.   The "proper" way I was taught to write the Brief Summary Section is to re-write your claims into paragraph format which would often make this section very long.  The Abstract would just be a boiled down 150 word version of them.

Bottom line is that the patent office probably will not even read the Brief Summary section and they may only skim through the Abstract to make sure that is fits within the guidelines for publication so its really up to you.   As long as your are not limiting in your descriptions I don't really see how it could hurt you by essentially using the same text for both sections. 

 
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Jerry Collette

Re: Difference between Brief Description of the invention and the Abstract?
« Reply #2 on: October 14, 2014, 10:33:35 PM »
I'm thinking of using the same wording for both, since my invention is pretty simple. Instead, can I just delete the intro section. If so, can I move the abstract to that point? Is there any real requirement of the abstract to be at the end and on a separate page? In the granted patents, they seem to come before most everything else.

Brad

  • Patent Agent
  • *****
  • 1858
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Difference between Brief Description of the invention and the Abstract?
« Reply #3 on: October 15, 2014, 07:48:14 PM »
The abstract has to be the last page and start on its own page.  That is a rule.  When the patent office publishes them they will re-arrange it.
 
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Jerry Collette

Re: Difference between Brief Description of the invention and the Abstract?
« Reply #4 on: October 16, 2014, 09:55:01 PM »
Where is that rule? Typically such things for federal agencies are either in the CFR or guidance docs on the agency website.

I read on a patent lawyer's website that there is no required format for a provisional patent application.

Thanks.

Brad

  • Patent Agent
  • *****
  • 1858
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Difference between Brief Description of the invention and the Abstract?
« Reply #5 on: October 17, 2014, 08:43:21 AM »
37 CFR 1.72(b)
http://www.uspto.gov/web/offices/pac/mpep/mpep-9020-appx-r.html#d0e320224


Quote
(b) A brief abstract of the technical disclosure in the specification must commence on a separate sheet, preferably following the claims, under the heading “Abstract” or “Abstract of the Disclosure.” The sheet or sheets presenting the abstract may not include other parts of the application or other material. The abstract in an application filed under 35 U.S.C. 111 may not exceed 150 words in length. The purpose of the abstract is to enable the United States Patent and Trademark Office and the public generally to determine quickly from a cursory inspection the nature and gist of the technical disclosure.

For the provisional you can probably get away with putting the abstract in some other place but I would suggest following the guidelines to be safe. 
« Last Edit: October 17, 2014, 08:47:22 AM by Brad »
My free patent template: https://patentfile.org/free-provisional-patent-template/

Hire Me:  https://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Difference between Brief Description of the invention and the Abstract?
« Reply #6 on: October 18, 2014, 12:06:45 AM »
Great link, Brad. That whole page is great.

Thanks.

Syed Adil Badshah

Good information.