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incorporate the optional features into the title of the patent

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S1m0n

Junior Member
How to incorporate the optional features into the title of the patent? For example, let's say I'm drafting a patent for searching a data collection and the search can optionally work on local or remote (think: cloud) items in the data collection, and additionally the search can optionally work on encrypted or unencrypted items in the data collection. Should the full title be short, e.g. 'searching a data collection', or should it be longer, e.g. 'searching an optionally local or remote and optionally encrypted data collection' ?

And if I describe the more difficult process -- searching in a remote encrypted data collection -- and do not describe all other combinations of feature options because they are obvious after reading how the more difficult process works, and never-the-less write claims for all the combinations. Is that enough / correct?
 


quincy

Senior Member
How to incorporate the optional features into the title of the patent? For example, let's say I'm drafting a patent for searching a data collection and the search can optionally work on local or remote (think: cloud) items in the data collection, and additionally the search can optionally work on encrypted or unencrypted items in the data collection. Should the full title be short, e.g. 'searching a data collection', or should it be longer, e.g. 'searching an optionally local or remote and optionally encrypted data collection' ?

And if I describe the more difficult process -- searching in a remote encrypted data collection -- and do not describe all other combinations of feature options because they are obvious after reading how the more difficult process works, and never-the-less write claims for all the combinations. Is that enough / correct?
The title needs to be short. The preferred title will be two to seven words long and cannot contain more than 500 characters.

The major part of your application is the specifications portion which is where you will make your claims.

It would be smart for you to seek out assistance from a patent attorney in your area, if not to work with you on filling out the application then at least for a personal review of your completed application prior to submission.

Here is a link to 37 CFR 1.72 on Titles, from the USPTO:

http://www.uspto.gov/web/offices/pac/mpep/s606.html
 
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S1m0n

Junior Member
Thanks, Quincy.

I've read a couple of books on writing patents and I've also read the link that you kindly sent. I've also read lots of posts in forums about writing patents. However, nobody seems to talk much about 'optional features'.

I'm determined to write the first draft of the patent myself *before* visiting a patent lawyer... although I've heard that patent lawyers in general do not like 'first drafters' :)

What else can you comment about 'optional features' and how they are described in the patent? Do you know of any good patents detailing several optional features that I could use as a reference?

In the example that I gave, should I shorten the title to 'searching a remote encrypted data collection' -- since the remote and encrypted parts are key parts of the invention -- and then later describe that the invention also works with a local or unencrypted data collection too, and claim that too? Or should the title be shortened further to 'searching a data collection' and then mention all the optional features is the description and list them as claims too?

Disclaimer: Please note that I originally posted my question in a thread about 'optional features' in patents but an admin moved my post into a separate thread without any action from me.
 

quincy

Senior Member
Thanks, Quincy.

I've read a couple of books on writing patents and I've also read the link that you kindly sent. I've also read lots of posts in forums about writing patents. However, nobody seems to talk much about 'optional features'.

I'm determined to write the first draft of the patent myself *before* visiting a patent lawyer... although I've heard that patent lawyers in general do not like 'first drafters' :)

What else can you comment about 'optional features' and how they are described in the patent? Do you know of any good patents detailing several optional features that I could use as a reference?

In the example that I gave, should I shorten the title to 'searching a remote encrypted data collection' -- since the remote and encrypted parts are key parts of the invention -- and then later describe that the invention also works with a local or unencrypted data collection too, and claim that too? Or should the title be shortened further to 'searching a data collection' and then mention all the optional features is the description and list them as claims too?

Disclaimer: Please note that I originally posted my question in a thread about 'optional features' in patents but an admin moved my post into a separate thread without any action from me.
First, you might benefit from reading through the USPTO's Manual of Patent Examining Procedure (MPEP). Although it is a lot to absorb, it is a reliable source of information unlike a lot of what you find on the internet. Here is a link: http://www.uspto.gov/web/offices/pac/mpep/mpep.html

You also might find it helpful to search the USPTO site for issued patents, to check the titling and the claims http://www.uspto.gov.

With your title (which, again, should be brief), you will want to leave out any unnecessary words like "a" or "the" or "of." Because the specification and claims section (see Section §112) is the major and most important portion of the application, this is where you will want to concentrate your efforts. Your claims, as a note, can be as broad in scope as you need them to be, or as narrow in scope as you want them to be.

I am having issues posting tonight so I will stop here and might add more later. :)



As a note on your disclaimer: I believe I found the thread you added your post to originally. Patent laws have changed in recent years so some of what was said in the older thread is no longer applicable today. That is just one of many reasons why we prefer on this forum to have old threads remain in the archives, only used for reference purposes (and updates by the original posters).
 
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