How to write a patent

Source: Internet
Author: User
How to write a patent is actually a very serious problem, especially for the patent practitioners, is the basic skills, if a patent practitioner's patent writing level is not high, then he whether to do the preliminary patent search, layout, mining, or do late reply, invalid, review, there will be a variety of problems. Before, I also gave some graduates who have just joined the industry a systematic patent writing course, hoping to help the master, but also eliminate a lot of people's strangeness of the patent.   In fact, the patent is easy to write, as long as you write a paper can write a patent, and you write a paper in the way to write, the possibility of obtaining authorization is not low. But it's hard to write a patent to a level. So write the conclusion here: it's easy to write a patent, and it's hard to write a patent in a standard.     Below I will be divided into two aspects of how to write a patent, first say how to write a patent, and then how to write a patent well. How to write a patent. Say that it is good to write because the patent is written in a routine, as long as the routine to write can be accepted, or even authorized. Now there are many free patent search system in China, such as big for Innojoy, run Tong, etc., you can go up and see, you will find all the patents are divided into the following pieces: summary of the instructions, abstract drawings, claims, technical fields, background technology, inventions, drawings, details of implementation, instructions, drawings, I am one to say:   Summary of the present invention is the program outline and achieve the technical effect, not more than 300 words, writing routines is to claim 1 summed up a few technical effects, it is simple, this general write the right to write again;   Abstract the drawings are the most representative of the present invention is a picture, which you have to draw the drawings of the instructions, from the inside to choose the most representative should not be difficult;   The claims must be written in accordance with the present invention scheme, generally divided into a number of independent claims and a series of subordinate rights requirements, This part is also the most important part of the patent, how to write the following will be detailed to say;   technology is the field of the present invention, wrote the paper should know how to write, the technical field of the patent can be summed up to write, such as the technical field of mobile phones is the field of electronic technology, data transmission method for the field of communication, It is also possible to keep up with the phrase "especially concerning a ...." Field "For further technical field qualification;   Down is the background technology, is to introduce the technical field of the current development and problems encountered, which is the same as the background technology in your paper, no problem;   Part of the invention is also a routine, After you have written the right requirements, copy paste it, and then each claim in the "characteristics of" before the statement (including its characteristics in the words) changed to "optional", and then in the last paragraph to say the beneficial effects of the present invention, OK, the content of the invention is also finished;nbsp; the drawings indicate that each of the drawings is to indicate what the meaning, such as fig. 1 for the embodiment of the present invention provides a method flowchart, figure 2 for the embodiment of the present invention provides a schematic diagram of the device, etc., nothing to say;   The concrete embodiment is to come up with a concrete example to explain the technical solution of the present invention, why the patent need this part. Because the claims do not look like human words, the specific implementation is to use the right to explain the claims, in the specific embodiment, you can make every sentence in the claims in the daily language to explain clearly, you can give examples of some of the claims of the words can be explained in detail, If you can explain the advantages of using the technical features after explaining each technical feature, the specific embodiment of your patent is perfect;   The drawings are meant to explain the specific embodiments more clearly, perhaps you will draw a few figures corresponding to the That is to say, you write the specific implementation of the time to draw a few pictures here, is the description of the drawings.   from the above content can be seen, a patent is the most core content is the claim, all the other content is written around the claims, the right to write after the following routines to complete the other parts of the patent, I would like to specifically describe how to write a patent claim.   For example, you want to apply for an invention patent and want to solve two problems: first, how to put the elephant in the refrigerator, and secondly, how to prevent the elephant from escaping from the refrigerator. To do this, you designed a way to put the elephant in the refrigerator: the first step, the refrigerator door open, the second step, put the elephant in the refrigerator, the third step, the refrigerator door closed, the fourth step, the refrigerator door locked. Now the plan is very clear, you can write a patent, the above scheme into a patent claim becomes:  1, a way to put the elephant into the refrigerator, wherein said refrigerator includes at least door body, cavity and lock body, wherein, is characterized in that includes the following steps: Step one, open the door body of said refrigerator; The elephant is placed inside the cavity of the refrigerator; step three: Close the door body of the refrigerator; step four, switch the lock body of the refrigerator to the locked state.   This paragraph may seem awkward, but the patent only so to clear, complete, without any doubt to express our invention plan, some programs through the patent language may also be ambiguous, such as the lock body switch to the lock state specifically what meaning. This time, we need to explain it in detail in specific embodiments. Above, the claim is written well, according to the "routines" above, the entire patent around the claim should be able to write quickly.   It is important to note, however, that writing a patent and filing a patent is a two completely different thing, and if anyone can write a good patent, the patent agent should be unemployed. Although the above patent can be obtainedAdmissibility or even authorization, only because it is formally in line with the requirements, and there is no prior application, but the application of such a patent may not be meaningful to the inventor, because even if your patent is authorized, other people want to put the elephant in the refrigerator can refer to your plan and easy to bypass your patent, There is no need to pay you any fees, so your patent does not bring you a substantial "exclusive interest". So how can this patent be written so that no one else can put an elephant in the freezer? This requires a long-term writing experience to do, because the next involves some of the patent field a little more professional knowledge, if you have limited time and energy, then suggest you to find a reliable agent, want to continue to understand can see.   An agent who really considers the inventor, after getting the disclosure (the technical material provided by the inventor), should first analyze what technical problems the program needs to solve, and what technical characteristics are necessary to solve the technical problem, so-called necessary technical features are the indispensable technical requirements for solving a technical problem.   So we're going to look at the invention again, to solve two technical problems, first, how to put an elephant into the refrigerator, and secondly, how to prevent the elephant from escaping from the refrigerator. As long as one of the technical problems can be solved to form a claim, then we can form two claims:  1, a method of putting an elephant in a refrigerator, wherein said refrigerator includes at least door body, cavity and lock body, which is characterized in that includes the following steps: Step one, The door body of the refrigerator is opened; Step two, the elephant is placed inside the cavity of the refrigerator; step three: Close the door body of the refrigerator. 2, according to claim 1, wherein the method is characterized in that after the steps three also comprises: step four, the refrigerator of the lock body to switch to a locked state.   Change the claim to the above, claim 1 is called an independent claim, because it does not refer to other claims, is an independent and complete technical program, claim 2 is called claim 1 of the subordinate claims, see claim 2 alone, its plan is not complete, In combination with claim 11, claim 2 requires the same scope of protection and the same claims as prior to rewriting. The scope of Claim 1 protection greatly expanded, as long as you put the elephant in the refrigerator, no matter how you lock, no matter you lock, you have to give me royalties, this patent is not immediately useful a lot.   But that's just the beginning. We started to work on patent mining.   Qualified Patent agent not only want to send the people think, but also to guide the inventor to think deeply, to Dali to think. That is, to carry out a reasonable upper or lower, the inventor's plan is to put the elephant into the refrigerator, then the agent should think about whether the program can also be used to put giraffes into the refrigerator. Put the hippo in the refrigerator. If you can consider the upper, it is not the way to put the elephant in the refrigerator, but to put any kind of animal into the refrigerator. Similarly, I do not turn off the refrigerator but the wardrobe can be. Is it OK to turn off the safe. The upper hand is the way to put the elephant in the box. After the agent wants to know the plan, need to carry on the retrieval of the existing technology, or the example above, the agent by retrieving the existing technology, the presence of the elephant into the wardrobe of the existing technology, then the existing technology has destroyed the elephant into the box of novelty (patent authorization needs to have three attributes: novelty, creativity, Practicality, the water is very deep have the opportunity to expand again said), this can not carry on the upper hand, the search did not find the other animals in the refrigerator of the existing technology, so the agent can be further rewritten as follows:  1, a way to put the animal into the refrigerator, wherein said refrigerator at least including the door body, The chamber and the lock body are characterized in that the following steps are included: Step one, open the door body of the refrigerator; step two, place the animal inside the cavity of the refrigerator; step three, close the door body of said refrigerator. 2, according to claim 1, wherein the method is characterized in that after the steps three also comprises: step four, the refrigerator of the lock body to switch to a locked state. 3, according to claim 1 or 2, wherein the method, characterized in that said animal is an elephant.   Claims written like this, no matter what animals put into the refrigerator will fall into our scope of protection, we must obediently request the use of the patent license. Of course, the actual operation of the agent to consider the dimension will be much higher than the above example, need to consider the existing technology, the scope of the plan, the layout of the rights of the program, which in the disclosure of the claims in the specification, how to write a convenient response to the patent Office issued by the examination opinion, the relevant patent layout, How to reduce application costs for applicants and so on, so far, I think I have been able to express more clearly what I want to say, the patent is easy to write, but it really takes years of experience to accumulate and write skills.   can see the end of either the peer or is really going to write a patent, thank you see Finally, if you really need to write a patent, I can provide you with a patent template, I put it in a set to write it, as the end of the welfare bar.  -------------------------------------------------------------------------------------------------  Recently have a friend to say in the actual writing process feeling weak, difficult to hit the main points, written patent is very thin, not like patent agent written patent so plump and profound, I can understand everybody's trouble, 7 years ago I also had the same trouble, I just started to engage in the patent industry, write out the right requirements such asWith the paper, the specification floats on the surface, formally like a patent, but the bones are a brief description.   Patent attorneys with years of writing experience to write a good patent application documents, this simple answer does not allow you to achieve similar level for a short time. I will provide you with a small tip, perhaps to help you improve the quality of writing.   If you want to write a good patent, it is recommended that you take out a whole day to find a quiet place, the first step, the right to ask the superior: Save your written claim book as a document, a sentence to see, if this sentence is the plan must have technical characteristics, reservations, if not necessary, delete. Eventually you will get the necessary technical features of the program, and after finishing this is your sole right. Other features that you delete as expediency. The second step, the specification extension: Every sentence in the claim, you need to expand the explanation in the specification, with your own words, as far as possible to illustrate, if there are a variety of options, you can choose the most representative 2 to 3 kinds of deployment, each plan to expand after the description of the program to remember what the special beneficial effect.   on how to judge whether every sentence in a claim is necessary: the existence of a   patent is to solve a current technical problem, that is to say, your independent claim can only solve a technical problem. Just start to write a patent generally have a misunderstanding, is the right to write a very long, in fact, careful analysis you will find that your sole right to solve more than a technical problem, such as a single right: The ice is heated to melt after distillation filtered to obtain purified water. Consider this sentence carefully, solve 2 technical problems, one is how to turn ice into water, the second is how to change the ice into pure water. The most essential problem for this solution is how to turn it into water and further solve the problem of how to turn ice into drinkable purified water. The principle of patent writing is: The most essential scheme as the sole right, the further scheme as expediency. Therefore, the above-mentioned rights can be split into two claims, the sole right to the ice heating, access to water. Expediency for the sole right method, after obtaining water also includes: The water is distilled to filter. The above hope to be helpful to all of you friends.  ------------------------------------------------------------------------------------------  The following February 2017 update   Two months ago, I used mobile phone code for one weeks on the commute subway words, anger answered this article "How to Write Patent", 2 months have many friends private message me, some is about the patent writing, some is about the examination opinion reply, so I wrote an article alone, I would like to share with you the superficial experience and knowledge in the process of reviewing the reply, hoping that the answer will be helpful to the people who need it.: After the submission of the   patent application, a notice of first opinion examination was received and the next step was how to reply correctly. -Uncle Sponge's answer-know

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