No. 1
fundamental principle
In order to enable the applicant to obtain the patent right through reasonable claims and specifications, and at the same time effectively protect the patent to the maximum extent permitted by law, and try to combat the infringement of competitors as much as possible. Simply put, access to rights is the foundation, and whether technology can be protected is the fundamental.
second
Writing order
The common writing order is to write the patent right first, then the abstract, and finally the instruction. This writing method is easy to make the level of patent application documents clear and logical; However, the order of writing is not immutable. For some complicated patent applications with many examples, we can also start with writing examples, and then summarize the advantageous claims through specific examples, so as to obtain greater protection scope. Therefore, when actually writing, don't be too formal.
third place
Key points of writing
All relevant contents in the specification and its drawings should be consistent, including all technical names and numbers, and the evidence given in the specification should be sufficient to support the claim, otherwise it will easily lead to unnecessary troubles and invalid procedures in the examination and approval. It should be understood that the specification and the claims are complementary, but the specification cannot simply contain the contents of the claims, and the claims should more clearly show the inherent logic and gradient between the scope of the rights to be protected and the claims.
two
Thoughts and skills of writing patent application documents
No. 1
Reflections on the scope of protection
The scope of protection of patent application documents specifically refers to the scope of rights required in the claims. Therefore, we should seek the largest scope of protection as far as possible under the premise of complying with China's patent law and its implementation rules, and the factor that determines the scope of protection is how to dig out as many patent implementation methods as possible under the existing technical scheme, and on this basis, we can draw the results of upper-level induction and right layout.
second
Consideration of patent prospect
After thinking and discussing with the patent agent, the inventor or patent agent found that the existing technical scheme may be applied to similar fields or further cross-disciplinary business activities, and even be extended to the international market one day. Then the technical scheme at this time should be adjusted in time, and the existing technical scheme should be examined from a broader perspective, and appropriate development and excavation should be carried out to meet the future needs, including relevant application strategies.
third place
Patent layout design
Independent claim is the core and soul of the whole patent application document. Therefore, on the premise of ensuring that independent patent claims can be authorized, the technical features contained in them should be reduced as much as possible in order to obtain the maximum protection scope as much as possible. On this premise, other novel and creative technical features deleted when writing independent claims are classified as subordinate claims, so as to design the second order of claims and expand the scope of claims. It also reserves the right to put forward a merger claim when necessary to ensure its novelty and creativity, and at the same time, it also prevents competitors from "degenerating" the patented technology by means of deterioration after the patent is published, so as to obtain other patents.
fourth
Anti-infringement writing skills
Independent claims only need to have the most basic novelty and creativity. Therefore, when writing a patent application document, you only need to write the most necessary technical features into the independent claim, unnecessary technical features, invention names, features of the use environment, etc. It may limit and narrow the scope of patent protection and enable competitors to design circumvention schemes.
Fifth place
Reflections on the Writing of Obtaining Evidence and Protecting Rights
This is mainly to consider the possible rights protection methods and costs of the right holders in the future. For example, if the inventor is a product manufacturer, he can write a corresponding patent application from the perspective of resisting the product manufacturer, focusing on the claims mainly related to the product and the preparation method of the product. This will enable the obligee to prove the product infringement of the person involved in the case of subsequent infringement.
In short, the key to patent protection lies in the extremely broad scope of protection of the claims. If the scope of written protection is too large, it will not be authorized or invalid if it exceeds the scope of specification, while the scope of protection is too small, and the rights and interests cannot be effectively protected.