1. What are the requirements for writing claims for patent applications
1 The requirements for writing claims when applying for a patent are as follows:
(1) A claim should record the technical features of the invention or utility model.
(2) If the claim contains several claims, they should be numbered sequentially with Arabic numerals.
(3) The scientific and technological terms used in the claims should be consistent with those used in the description, and may have chemical formulas or mathematical formulas, but shall not have illustrations. Unless absolutely necessary, the terms "as described in the manual..." or as shown in the figure "should not be used."
(4) The technical features in the claims can refer to the corresponding marks in the drawings of the specification, and the marks should be placed after the corresponding technical features and placed in parentheses within to facilitate understanding of the claims. Reference signs shall not be construed as limitations on the claims.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Tenth Article 9 The claims shall record the technical features of the invention or utility model.
If there are several claims in the claim, they should be numbered sequentially with Arabic numerals.
The scientific and technological terms used in the claims should be consistent with those used in the description. They can have chemical formulas or mathematical formulas, but there must be no illustrations. Unless absolutely necessary, the terms "as described in the manual..." or as shown in the figure "should not be used."
The technical features in the claims can refer to the corresponding signs in the description and drawings, and the signs should be placed after the corresponding technical features and placed in parentheseswithin to facilitate understanding of the claims. Reference signs shall not be construed as limitations on the claims.
2. What is the application process for appearance patent?
1. Application stage
To apply for a design patent, the patent application documents should include: Design patent Request letter, picture or photo. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, they should all be pictures. If you submit photos, they should all be photos. Pictures or photos should not be mixed. If a description is needed for pictures or photos, a brief description of the design should be submitted. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Examination stage
China implements a preliminary examination system for design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client of design patent protection. If there is a client who is not protected by design patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
3. Authorization stage
(1) Authorization: After passing the preliminary review, review The Commission issues a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
(2) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures.
According to the provisions of the "Patent Law Implementing Rules", the requirements for the claims of a patent application include: the claims should record the technical features of the invention or utility model. If the claim contains several claims, they should be numbered sequentially with Arabic numerals, etc. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...