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9.6.8 The Abstract

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The USPTO rules require that the patent application include an “Abstract of the Invention” of not more than 150 words, briefly describing the novel features of the invention. The Abstract is reprinted on the first page of the issued patent, which is normally called the Information Page. The purpose of the Abstract is to provide the reader with the “heart” of your invention in a few concise sentences. Usually, the patent attorney will divide the broadest claim of the patent application into a series of short sentences, which eliminate the “legalese” of the broad claim. By reading the Abstract, one reviewing the issued patent should be able to decide if they desire to read further.

It is important that the Abstract be worded with the same degree of care as the rest of the patent application. In at least one reported decision, the Court of Appeals of the Federal Circuit (CAFC) has referred to the Abstract in deciding to limit the scope of claim coverage of a patent.

Intellectual Property Law for Engineers, Scientists, and Entrepreneurs

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