How to prove patent embodiments
1. General requirements for specifications p>
a. The content of the invention or utility model should be stated clearly and neatly, so that ordinary professionals in the relevant technical field can implement the invention and creation based on this content. Any substantive technical requirements cannot be concealed in the instructions.
b. It is generally better to describe each part of the manual in separate paragraphs.
c. The wording must be consistent in the instructions. Use nouns and terminology commonly used in the technical field and avoid jargon, except when used as a definition in a specific sense.
d. Use the international common measurement units specified by the national measurement department.
e. There can be chemical formulas and mathematical formulas in the instructions. The drawings of the instruction manual should be attached to the end of the instruction manual.
f. Commercial promotional terms cannot be used in the title and text of the manual. Trademarks, product advertisements, service marks, etc. are also not allowed to appear in the manual. Contents that slander or intentionally disparage others or their inventions are not allowed in the instructions.
g. When involving foreign technical documents or technical terms that do not have a unified translation, the original text must be noted after the translation.
2. Structure and content of the instruction manual
Article 18 of the Implementing Rules of the Patent Law stipulates the content and order of writing of the eight parts of the specification, except for inventionsOr utility model name, under normal circumstances, each part should use at least one natural paragraph, but no serial number or column title is needed.
a. The name of the invention or utility model. The name should be consistent with the name in the request and express the subject of the invention or utility model concisely and clearly. The name should indicate or reflect whether the invention is a product or a method, such as "Integrated Circuit Hermetic Sealing Method", "A Battery Charging Device". The name should also try to reflect the purpose or application field of the invention or utility model object, such as "automotive generator", "emergency or backup power supply device". For two or more inventions or utility model applications that meet unity, they should be reflected in the names at the same time, such as "semiconductor lasers and their production methods and devices used for their production." Words unrelated to the invention and creation technology cannot be used to name it, and the number of words should be controlled within 25. The name should be written in the top center of the first page of the instruction manual, with a blank line below for the main text of the instruction manual.
b. The technical field to which the invention or utility model belongs. The technical field to which the invention or utility model belongs is the first natural paragraph of the text. Generally, one sentence is used to describe the technical field to which the invention or utility model belongs, or the technical field to which it is applied. It is worth noting that the technical fields referred to here are specific technical fields, such as "semiconductor manufacturing" and "hydrocarbons", rather than broad technical fields such as "physics" and "chemistry". The technical field can be written in the form of "the present invention relates to a...", or "the present utility model relates to...".
c. Existing technology and background technology. In this section, the applicant should state the prior art that, to the best of his or her knowledge, is a reference for the understanding, retrieval, and review of the invention or utility model, and cite documents reflecting these background technologies. If the citation is a patent document, the authorizing country, date of publication or announcement, patent number and title should be indicated; if it is a prior art book or periodical, the name of the book or periodical, author, publisher, and year of publication should be indicated. month and the chapter or page number cited. These existing technologies should include the similar and closest existing technical solutions, that is, the existing technical solutions that have the same purpose as the technical solution for which the patent is applied for, and have similar technical essence and usage effects. In particular, the most similar technical solution should be highlighted here, its technical characteristics should be analyzed in detail, existing problems or deficiencies should be pointed out objectively, and the reasons for these problems or deficiencies should be explained when possible. In this part, you can also write about the historical background and current situation of this technology.
d. The month of the invention or utility model. In this part, the technical problems to be solved by the invention or utility model should be explained in view of the shortcomings of the existing technology. The language should be as concise as possible. Advertising-style language should not be used, and language that is exaggerated should not be used. The proposed purpose should be that the proposed technical solution can actuallyThe direct result achieved should not be the subjective wish of the inventor. Generally, the description form "The purpose of this invention (utility model) is to avoid (overcome the deficiencies (shortcomings) in the discussion... and provide a... product (method)".
e. The technical solution of the invention or utility model. This part should clearly and concisely write the technical solution of the invention or utility model, so that ordinary technicians in the relevant technical field can understand the technical solution and be able to utilize the technical solution. The technical solution solves the technical problem proposed and achieves the purpose of the invention or utility model. It can be written with the sentence "The purpose of the present invention (utility model) is achieved through the following measures...", followed by the statement consistent with the independent claim. In wording, write out all the necessary technical features of the invention or utility model. Then, use natural paragraphs and use an uncertain tone to record the technical features that are consistent with the additional features of the dependent claims. In the case of a simple invention or utility model Below, the latter part does not need to be written, but is explained in the embodiment or the drawing description, but a paragraph corresponding to the independent claim is necessary.
f. The advantages, characteristics or positive effects of the invention or utility model compared with the existing technology. This part should clearly and well-founded explain the advantages and positive effects of the invention or utility model compared with the existing technology. Defects, shortcomings or major drawbacks of existing technologies. Comparisons can be made from the performance, cost, efficiency, service life, convenience, safety and reliability of methods or products. The evaluation should be objective and fair, and should not be based on belittling existing technologies. Promote your own invention.
g. Description of the drawings. If it is necessary to use drawings to help explain the technical content of the invention, there should be accompanying drawings and a description of the invention. An introductory explanation is given for each figure, and the number and name of the drawing are briefly described first, for example: "Figure 1 is a top view of the present invention (utility model)", "Figure 2 is a cross-sectional view of A-A of the present invention (utility model)", Then, each marked symbol in the drawings can be explained here one by one, or the technical features of the invention or utility model can be further elaborated in conjunction with the drawings.
h. Examples or specific implementation methods. This part should describe in detail the best way the applicant thinks to implement the invention or utility model, and use it as a typical example to list the parameters and conditions related to the gist of the invention. If necessary, you can Enumerate multiple typical examples and examples. If there are drawings, they should be explained with reference to the drawings. The key is to support the claims and be detailed and specific.
i. If It is an application involving microorganisms. The characteristics and classification of the microorganisms should also be stated in the document, and the Latin name should be noted.
In summary, the above is the relevant content on how to prove patent embodiments compiled by the editor of Legal Savior Network. From the above, we can know that it must include the general requirements of the description, the structure and content of the description, etc. In addition to the name of the invention or utility model, under normal circumstances, each part should use at least one natural paragraph, but no serial number or column title is needed.Hope it can help you. Of course, we recommend that you seek professional advice during your actual operation. Ask the professional lawyers at LegalSavior.com to handle it. Protect your own and legitimate rights and interests to the greatest extent and protect your interests from harm.
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