SAMPLE PATENT INVENTION DISCLOSURE FORM

Additional Patent Invention Disclosure Focus 

What is A Patent Invention Disclosure? 

A patent invention disclosure should comprehensively explain the invention background, describe how the invention works, disclose various embodiments of the invention, and generally provide all information that a patent attorney and an inventor would need to assess patentability. It is important that the invention disclosed be new and non-obvious, and be capable of being described in a way that enables a person having ordinary skill in the art (a "PHOSITA") to make and use it.  A patent cannot issue on an invention that i) would have been obvious to a PHOSITA; and/or ii) does not enable a PHOSITA to make and use that invention.  This legal concept of a PHOSITA  helps to determine not only whether a patent can issue but, importantly, a PHOSITA further limits and defines the scope of all patent claims in Markman hearings wherein the court determines final claim construction.  Essentially, a PHOSITA plays a central part in both initial claim construction and ultimate  infringement analysis.  For more information about the patenting process, see our Patent Prosecution web page.