1. How to write a patent application
How to write a patent claim This is the most concerning issue for everyone who wants to submit patent application documents by themselves. Because the patent claims are the core part of the entire patent application document, it is the document in which the applicant requests the state to protect his invention and creation and delineates the scope of protection. Once submitted, the scope of protection is generally not allowed to be expanded. Utility model patents are usually There has been no opportunity to make further changes, and once approved, it becomes legally binding. Therefore, it is very important to write a high-quality claim that directly affects the interests of the applicant.
General requirements for claims can be divided into two types: independent claims and dependent claims.
The independent claim should reflect the main technical content of the invention or utility model as a whole. It includes all necessary technical features and can exist independently. The set of its technical features is the maximum protection scope of the patent. Products produced by third parties will not constitute patent infringement as long as they do not use any of the technical features. Therefore, do not include any non-essential technology in the independent claims. characteristics, otherwise it will not constitute infringement; at the same time, do not write the claims (especially the claims of utility model patents) in a relatively broad manner, which will make the rights unstable and easy to be invalidated. After the new law is revised, it will encounter public knowledge. Technical defense.
A dependent claim is a claim that cites all the technical features of an independent claim or several claims and contains several new technical features. The dependent claim must Subject to independent claims or preceding dependent claims.
Each independent claim may have several dependent claims.
If there are multiple claims, they should be numbered sequentially with Arabic numerals. The independent claim should be numbered first, followed by its dependent claims.
(2) ClaimsHow to write
1. The independent claim is written in two parts: the first is the preamble: stating the name of the subject matter claimed for protection by the invention or utility model and the invention or the necessary technical features common to the utility model and the existing technology; the second is the characteristic part: stating the technical features that distinguish the invention or utility model from the existing technology. This is the core content of the claim. This part should immediately follow the preamble, Use "it is characterized by..." or similar words to connect with the above. The preamble and the characterizing part jointly define the protection scope of the invention or utility model.
2. Dependent claims are also written in two parts: First, the reference part: indicate the number of the cited claim and the name of the invention or utility model subject . For example: "According to claim 1..."; the second is the limiting part: stating the additional technical features of the invention or utility model, which are supplements to the independent claims, and further limiting the technical features of the cited part. The above should also be connected with "It is characterized by...". Generally, dependent claims should supplement and improve the technical features of the patent from as many aspects as possible.
3. Common mistakes in writing claims
a. Purely functional Claims, this is a common mistake made by first-time writers. Usually, product claims must use structural technical features, and methods must use step or conditional claims, and cannot use functional or mixed claims. This way of writing easily exceeds the scope of the description and expands the scope of protection.
2. Patent application process
(1) Application for invention patent
1. Approval process for invention patent application Patent application - acceptance - preliminary examination - publication - request for substantive examination - substantive examination - authorization
2. Documents required to apply for an invention patent1) Request letter: including the name of the invention patent, invention The name of the person or designer, the name and title of the applicant, address, etc.
2) Description: including the name of the invention patent, the technical field, background technology, content of the invention, description of the drawings and specific implementation methods.
3) Claims: describe the technology of the inventionCharacteristics, clearly and concisely state the content requested for protection.
4) Drawings in the description: Invention patents often have drawings. If text alone is enough to describe the technical solution clearly and completely, there is no need for drawings.
(2) Utility model patent application
1. Utility model patent application review and approval process patent Application - Acceptance - Preliminary Examination - Announcement - Authorization
2. Documents required to apply for a utility model patent
1) Request letter: including the name of the utility model patent, the name of the inventor or designer, the name and address of the applicant, etc.
2) Description: including the name of the utility model patent, the technical field, background technology, invention content, description of the drawings and specific implementation methods. The content of the description should be written in detail, and the technical content described should be able to be implemented by ordinary technicians in the technical field after reading it.
3) Claims: describe the technical features of the utility model and clearly and briefly state the content requested for protection.
4) Instructions and drawings: Utility model patents must be accompanied by drawings.
5) Summary of the description: clearly reflect the technical problem to be solved by the invention, the key points and main uses of the technical solution to solve the problem
(3) Application for appearance patent
1. Process of applying for appearance patent Patent application—acceptance—preliminary examination—announcement —Authorization
2. Documents required for appearance patent
Request letter: including appearance patent name, designer’s name, applicant’s name, name, address, etc. Design pictures or photos: at least two sets of pictures or photos (front view, rear view, top view, bottom view, left view, right view, and a three-dimensional view if necessary) Brief description of the design: A brief description of the design should be submitted if necessary.
The above knowledge is the editor's answer to questions such as "How to write a patent application"The answer is that writing a patent application is the core part of applying for a patent. Once a patent application is submitted, it generally cannot be expanded. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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