Chapter II Requirements for the writing of claims and manuals

Source: Internet
Author: User

A claim for power of attorney

1 type: (1) Product claims: claims for goods

Method of Claim: Activity claims

(2) An independent claim: to reflect the technical scheme of an invention or utility model as a whole, and to document the claims for the necessary technical characteristics of the solution to its technical problems.

Dependent claim: When a claim has multiple claims, if one of the claims contains all the technical features of another claim, and the technical programme for another claim is further qualified, that right is a subordinate claim to the other claim. "

2 Technical Characteristics: (1) The necessary technical characteristics: refers to the invention or utility model to solve its technical problems indispensable technical characteristics, the sum of which is sufficient to form an invention or utility model of the protection of the object, so that it differs from other technical solutions.

(2) Additional technical characteristics: refers to the invention or utility model to solve its technical problems indispensable technical characteristics of the additional technical characteristics.

3 Requirements for the writing of claims

(1) Substantive requirements: The claims are based on the specification, clear, briefly limit the scope of patent protection requirements. (< exclusive > 26th Fourth)

A summary of the claims is appropriate to the content disclosed in the specification

b The technical scheme of the independent claims and the preferred scheme of subordinate claims shall be documented in the specification

The technical scheme of the claim shall be documented in the specification, not referring to a paragraph in the specification, but rather a specific embodiment or embodiment of the specification corresponding to the technical proposal, i.e., at least one specific embodiment or embodiment containing the full technical characteristics of the technical scheme.

(2) Form requirement: A is numbered with Arabic numerals

b The independent right requires that the respective subordinate claims should be as close to the claims as they are quoted

C Each claim is allowed to use a period only at the end

d The technical terms used should be consistent with the specification

E claims may have chemical, chemical or mathematical formula, but no illustrations

F In addition to the absolute necessity, the claims shall not be used "as the instructions ...." Part of the "," ... "and similar expressions as shown"

G claims generally do not permit the use of forms, unless the use of tables provides a clearer indication of the object of protection required by an invention or utility model

H The technical characteristics of the claim may be quoted in the drawings of the corresponding drawings marked, but must be enclosed in brackets, and the drawings shall not be construed as a limitation of the scope of protection of claims.

I use brackets in addition to the drawings and other necessary circumstances, and should avoid using brackets in the claims

J When using a side-by-side option in a claim, its meaning should be clear

K under normal circumstances, the claim shall not appear in the name, place, trade name or trade names.

4 Writing requirements for Independent claims

(1) Format requirements (< fine >21 article first and second paragraph): Pre-order section and feature section

Pre-order section: A description of the subject name of the invention or utility model required for protection, and the necessary technical characteristics of the invention or utility model subject in common with the nearest prior art, reflecting, if necessary, the field of application of the invention or utility model.

Characteristic part: The technical characteristics of an invention or utility model that differ from the nearest prior art

(2) It is not appropriate to use the method of dividing the pre-order part and the characteristic part:

A pioneering invention, the invention of a chemical substance, and a part of the use of inventions

b An invention consisting of a combination of several known techniques of State equivalence, whose invention is essentially in combination

C improved invention of known methods, whose improvement is only to omit a substance or material, or to replace another substance or material with one substance or material, or to omit a step

D improved invention of known products, which is the improvement of parts in the system or changes in the relationship between the

Chapter II Requirements for the writing of claims and manuals

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