How to write independent claims for inventions or utility models

The independent claim of an invention or utility model shall include a preamble and a characterizing part. Preamble: State the subject name and other contents of the claimed invention or utility model technical solution. Characteristics part: Use “its characteristics are...” or similar terms. Regarding the issue of how to write independent claims for inventions or utility models, the editor of Legal Savior Network will give you a detailed answer below.

1. How to write independent claims for inventions or utility models

1. Independent rights for inventions or utility models The requirements should include a preamble and a characteristic part, which should be written in accordance with the following provisions:

(1) Preamble: state the invention or utility model technical solution required for protection The subject name and the necessary technical features shared by the subject of the invention or utility model and the closest existing technology;

(2) Characteristics part: Use its characteristics... …” or similar terms, specify the technical features of the invention or utility model that are different from the closest existing technology. These features, together with the features stated in the preamble, define the scope of protection claimed for the invention or utility model.

2. Legal basis: Article 21 of the "Implementing Rules for the Patent Law of the People's Republic of China"

2. Respond to various notification requirements from the Patent Office

(1) Comply with the response deadline. The consequences of late response and non-reply are the same. Respond to the issues pointed out in the examination opinion notice one by one. The reply can be based on the review opinions or modify the application; if you disagree with the examiner's opinions, you should state your opinions and reasons.

(2) Defects in form or procedure can generally be eliminated through correction; obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases You can only defend and state opinions on whether there is or is an obvious substantive defect.

(3) Any correction or modification to an invention or utility model patent application shall not exceed the original description and claims.Within the scope of the design patent application, modifications to the design patent application shall not exceed the scope represented by the original pictures or photographs. Modified documents should submit replacement pages in the prescribed format.

(4) The reply should submit documents in the prescribed format. Such as submitting an amendment or statement of opinion. Generally, a correction letter is used to correct formal issues or procedural issues, and a statement of opinion is used to amend the substantive content of the application. If the applicant disagrees with the examiner's opinion, a statement of opinion is used when making a defense.

According to the provisions of the "Patent Law Implementing Rules", the independent claim of an invention or utility model should include a preamble and a characteristic part. Preamble: State the subject name and other contents of the claimed invention or utility model technical solution. Characteristics part: Use its characteristics as..." or similar terms. I hope the above content will be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior Network to consult a professional lawyer.