The writing method of patent right requirement

The writing method of patent right requirement

The claim is the most important part of the application document, is the applicant to the state to protect his invention and the delineation of the scope of protection documents, once approved, has the legal effect. Therefore, it is very important to write a good claim directly involving the interests of the applicant.

1. General Requirements for claims

A. All new technical features described in the manual should be presented in a concise, clear and complete manner. Otherwise, the scope of patent protection will be reduced. There is no content involved in the specification, it is not possible to write a claim, because the scope of protection must be supported by the specification.

B. The technical terms and terminology used in the claims shall be consistent with the specification. the claim may be of a chemical, mathematical, but not illustrative, form. In addition to the absolute necessity, the instructions and drawings shall not be quoted, i.e. shall not be used "as described in the manual" "or" "or three of the ..." method of writing claims. In order to be clear, the claim may refer to the device part name and the accompanying drawing mark.

C. a claim must be expressed in a sentence, with commas, comma, and no semicolons and periods. to emphasize the indivisibility and independence of its meaning.

D. The claim only speaks of the technical characteristics of an invention or utility model and does not allow the purpose, function, etc. of the invention or utility model to be stated.

E. Claims are divided into independent claims and subordinate claims of two. The independent claim should reflect the main technical content of the invention or utility model as a whole, including all necessary technical characteristics, which can exist independently. Dependent claims are the full technical characteristics of a number of claims, including independent claims, or a claim that contains several new technical features, which must be subject to independent claims or pre-dependent claims.

F. an invention or utility model shall have only one independent claim. belongs to a general invention concept, in line with the requirements of the application of the invention or utility model patent application, can have more than two independent claims.

Each individual claim may have several subordinate claims. There are several claims that should be numbered in the order of Arabic numerals. The independent claim should be in front of the number, and its subordinate claims are immediately followed.

2. The wording of the claim

A. The top of the claim does not have to write an invention or utility model name, you can write the 1th independent claim directly, and its subordinate claims are ordered from the top down. Where there are two or more independent claims, the respective subordinate claims shall be written separately after each individual claim.

B. Independent claims are composed of two parts:

Pre-order section: the name of the subject that the invention or utility model requires protection and the necessary technical characteristics of the invention or utility model in common with the prior art;

Characteristic part: State the technical characteristic that the invention or utility model distinguishes from the prior art, this is the core content of the claim, this part should be followed by the preface part immediately, with "its characteristic is??" Or a similar term with the above link.

The pre-order part and the characteristic part jointly define the scope of protection of the invention or utility model.

C. Subordinate claims are also composed of two parts:

Reference section: Specify the number of the claimed claim and the name of the invention or utility model subject. For example: "as claimed in claim 1?".

Limited part: The Invention or utility model additional technical characteristics, it is the supplement of the Independent claims, and the reference part of the technical characteristics of further limitations. It should also be "characterized by what??" Connect the above.

The reference portion of the subordinate claim, which can only refer to the preceding claims. When two or more claims are referenced, only the "or" connection is allowed. For example: "as claimed in claim 1 or 2?". Such claims are called multiple rights requirements. A multiple dependent claim cannot be a reference object for another multiple dependent claim.

D. Two inventions or utility models of the same conception may be applied in a closed case, and there may be two separate claims. At this point, one should be identified as the primary, as the first claim, and the other as a claim that is parallel to the first independent claim and has an independent legal meaning. For example: a product invention and manufacture of the method of the product can be applied for a case, the product as the first independent claim, the method as a second independent claim.

3. Common mistakes in the writing of claims

A. A purely functional claim, which is a common mistake of the first writer. In general, the product must use the structural claim, the method must use the procedure or the conditional type right request, cannot adopt the function or the mixed type, this kind of writing easily surpasses the specification scope, expands the protection scope.

B. For the general improvement of the invention, there is no pre-order part and characteristic part of the division. The essence is that there is no distinction between the existing technology and the boundaries.

C. In the case of an independent claim, there are multiple pre-order and multiple feature sections, which are not clearly written requirements. An independent claim can have only one pre-order part and one feature part.

D. There are no references to partial and feature sections in the subordinate claims, or there is an error in the citation of the cited section.

E. Use of inaccurate, ambiguous words. such as "Wait", "high", "strong", "weak", "good performance", "Best" and so on.

F. The claims are not supported by the instructions. That is, the technical characteristics written in the claim, there is no corresponding text in the specification, or there is no clear, complete description.

4, the general method of writing a good claim

A. Detailed analysis of an invention or utility model. The analysis includes whether it belongs to product invention or method invention, the utility model can only be product invention, determine the technical field, study the technical scheme and analyze the technical characteristics. The most important thing is to analyze the technical solution and all the technical features thoroughly.

B. Do a good job of searching or checking new work, especially to apply for invention patent must check new, check whether there is the same invention, whether have advanced.

C. Carefully study the full technical characteristics of the relevant literature, especially the technical characteristics associated with the present invention or utility model should pay particular attention to analysis.

D. Write a few more programs, and repeatedly compare, the same invention may write a variety of claims, but to meet the legislation requirements, but also the right to protect the interests of the applicant is not easy. Writing a few more programs is helpful to determine a correct and reasonable scheme in the process of repeated comparisons. Finally, it is particularly important for the initial writer to examine the relationship between the claimed claims and the written instructions carefully.

5, the general skills of writing a good claim

A. Detailed analysis of an invention or utility model. First, the technical solution and all the technical characteristics of the analysis of the content, including whether it is a product invention or method of invention, the utility model can only be a product invention, determine the technical field, research technology solutions, analysis of technical characteristics.

B. Do a good job of searching or searching for new work, especially to apply for invention patent must check new, check whether the same invention has existed.

C. From the technology of the product itself to seriously study, the use of research and development personnel to find out the unique technical characteristics as much as possible, after the comparison, the various technical characteristics are located in different claims.

D. Repeated comparisons and the brewing of different technical programmes, from which a better technical scheme could be deleted, and the same invention may write different claims. Writing a few more programs is helpful to determine a correct and reasonable scheme in the process of repeated comparisons. Finally, it is particularly important for the initial writer to examine the relationship between the claimed claims and the written instructions carefully.

E. Patent attorneys preferably have a wealth of research and development experience, in order to write a patent claim, the defensive claims or offensive claims and other aspects of the application strategy in the written claims, so that the patent of the independent claims rights are difficult to break down, with a solid stability and a broader scope of protection.

As the patent documents, especially the writing of claims are very skillful, so a good technical solution should entrust a patent agent with research and development ideas to help complete, otherwise, the likelihood of writing a patent document, the possibility of error is very large, and the inventor himself because there is not enough cases of temper, and there are technical personnel easy to exist " Lushan "is difficult to see Lushan" is preconceived prejudice. Therefore, even the cost of application fees, annual fees and other costs, but free to the community to provide creative ideas, lost the technology program to apply for patent opportunities!

The writing method of patent right requirement