What requirements should a claim have?

According to the provisions of the "Patent Law Implementing Rules", the requirements for patent claims include: the technical features of the invention or utility model should be recorded; if the claim has several claims, they should be numbered sequentially with Arabic numerals, etc. Regarding the question of what requirements should be included in a claim, the editor of Legal Savior Network will answer it in detail for you below.

1. What requirements should the claims have?

1. Patent rights The requirements for a claim are as follows:

(1) The claim should record the technical features of the invention or utility model.

(2) If the claim contains several claims, they shall be numbered sequentially with Arabic numerals.

(3) The scientific and technological terms used in the claims shall 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 description, 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. The signs should be placed after the corresponding technical features and placed in parentheses for convenience. Understand rightsRequire. Reference signs shall not be construed as limitations on the claims.

2. Conditions for patent rights restoration

1. The party delays the time limit stipulated in the Patent Law or the Implementing Rules of the Patent Law or the time limit specified by the Patent Administration Department of the State Council due to force majeure, resulting in the loss of rights. , within 2 months from the date when the obstacles are eliminated, but at the latest within 2 years from the date of expiration, the person may submit a request for restoration of rights to the Patent Office stating the reasons and attaching relevant supporting documents to request restoration of his rights.

2. If the party delays the deadline due to other legitimate reasons, resulting in the loss of rights, the party may file a complaint with the Patent Office within 2 months from the date of receipt of the notice from the Patent Office. Submit a request for restoration of rights and explain the reasons, requesting restoration of their rights.

3. When requesting the restoration of rights, the parties concerned shall complete the corresponding procedures that should be completed before the loss of rights and eliminate the reasons for the loss of rights. For example, after an applicant's patent application is deemed withdrawn due to failure to pay the application fee, while requesting restoration of its application rights, the applicant must also pay the prescribed application fee.

According to the provisions of the "Patent Law Implementing Rules", the requirements for patent claims include: the technical features of the invention or utility model should be recorded; Claims shall be numbered sequentially using 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.