Writing Skills of Utility Model Patent (1) Subject Name
1, generally no more than 25 words, involving up to 40 words in the field of chemistry.
2. You can apply for a product patent or a method patent. Methods The patent names are "a synthetic method of carbamazepine" and "a preparation method of iminostilbene", and the product patent names are "carbamazepine crystal", "iminostilbene dispersible tablets" and "iminostilbene composition".
3. Non-technical terms, such as name, surname, company name, trademark, code, model, etc. , it is not allowed to use in the name, and it is not allowed to use ambiguous words, such as "and others" and "and their analogues".
(2) Summary and attached drawings
1. The abstract shall not exceed 300 words (including punctuation marks). It is only a kind of technical data, which cannot be used to explain the scope of patent protection and does not belong to the original record of invention patent. Therefore, in the reply to the notice of examination opinions, the notice of reexamination or the notice of invalidation, what is only recorded in the abstract cannot be added to the claim. Commercial advertising language shall not be used in the abstract.
2. The name and technical field specified in the abstract shall clearly reflect the technical problems to be solved, the methods to solve the technical problems or the main purposes.
3. The appended drawings of the abstract must be one of the appended drawings of the specification (if there are appended drawings in the specification), and the appended drawings submitted should best reflect the technical scheme or main features of the invention. If not, the examiner will ask you to correct it.
Of course, there is no need to attach an abstract.
(3) Claims
1. The patent claim is the scope of the applicant's request for protection and is the most important part of the patent. An invention patent can only have one independent claim, and the independent claim should be written before the subordinate claim.
2. Claims are divided into independent claims and dependent claims. The independent claim is divided into preface and characteristic part. Among them, the preface indicates the technical characteristics different from the comparison document, and the characteristic part indicates the technical characteristics different from the comparison document, which is a necessary technical characteristic. The dependent claims include a quoting part and a defining part. The method for synthesizing carbamazepine according to claim 1 is characterized in that the reaction temperature is 50-70℃. In this dependent claim, "the synthetic method of carbamazepine according to claim 1" is the cited part, and "the reaction temperature is 50-70℃" is the limited part.
3. Dependent claims can refer to both independent claims and dependent claims. Citation of multiple claims can only be cited in one way (such as "method for preparing iminostilbene according to claim 1 or 2" or "method for preparing iminostilbene according to any one of claim 1 -5"). Multiple dependent claims that cite more than two claims shall not be used as the reference basis for another multiple dependent claim, that is, multiple references cannot be made.
4. Words with ambiguous meanings such as "thick", "thin", "strong", "weak", "high temperature", "high pressure", "unique shape" and "specific shape" shall not be used in the claims; Words such as "best", "especially" and "when necessary" shall not appear; Don't use "about", "close" or similar words.
5. There can be no illustrations or tables in the claim.
6. In the claims, brackets are avoided as much as possible except those used in reference symbols, chemical formulas or mathematical expressions. Among them, the reference symbol should be placed after the corresponding technical name, for example, compound (1).
7. The numerical values in the claims should be expressed as mathematical expressions as far as possible.
8. The independent claim must be novel, creative and practical.
9, in the review of novelty, can only be compared with a comparison file alone, review of creativity, can be compared with multiple comparison files at the same time.
10, the patent claim with novelty can be creative.
The description part includes the name, field, background technology, invention content, implementation mode and the attached drawings of the description.
(iv) Technical field
Technical field refers to what kind of technical field an invention or utility model belongs to, not what the invention itself is. It should briefly explain the technical field to which the invention directly belongs or is directly applicable. For example, in the field of chemistry and medicine, please refer to the international patent classification table (version 2016)/wxfw/zlwxxgfw/zsyd/bzyfl/gjzlfl/20160831_ 65438 on the website of China National Intellectual Property Administration.
(5) background technology
Background refers to at least one comparative document (i.e. technical field, application, technical problems solved, technical scheme and effect, etc.) most relevant to the present invention. ) Search domestic and foreign literatures. When describing the background technology, it is necessary to specifically quote the comparative documents (if foreign documents and patent documents are cited, the comparative documents should be the prior art published before the filing date, if China patent documents are cited, the filing date of the comparative documents should be before the patent filing date, if non-China patent documents are cited, the non-patent documents should be published before the patent filing date), indicate the source and source, and analyze its contents according to the three elements of purpose, composition and effect. Explain its necessary technical characteristics, point out its existing problems and shortcomings, and focus on description. Because there are shortcomings, it will be improved or optimized, and it can also explain the reasons and the difficulties encountered by future generations in solving these problems.
(6) Contents of the invention
1, technical problems to be solved (original "invention purpose")
The technical problems to be solved are the problems and deficiencies existing in the background technology, the specific technical problems that can be solved by the invention and the completed results. The description of the purpose of the invention should be concise, reflecting the type of invention (product or method) and the difference from the background technology.
The technical problems to be solved by an invention or utility model shall be written in accordance with the following requirements:
Aiming at the defects and deficiencies in the prior art:
The technical problems to be solved by the invention or utility model can be objectively and reliably reflected in positive and concise language as far as possible, and its technical effects can also be explained.
Don't use advertising language in the description.
2. Technical scheme
The core of any patent is the technical scheme disclosed in the specification.
Technical scheme refers to the technical measures (i.e. technical conception and technical scheme) adopted to realize the above-mentioned invention purposes. The technical features, functions and principles of the present invention should be clearly and completely described, and the disclosure should be subject to the fact that ordinary technicians in this field can implement the present invention.
Different types of inventions have different ways to describe technical solutions. For example:
Equipment invention: the structure of its components and their connection relationship shall be explained (drawings shall be attached if necessary).
Method invention: the technical methods, processes and conditions (such as time, pressure, temperature, concentration, etc.) that must be realized in order to achieve the purpose of the invention should be explained.
Composition or mixed invention: the composition and content should be specified. When describing its composition and content, try to provide its value or selection range, and explain the basis or reason for determining the range.
3, beneficial effects
The effect of the invention is the result of comparison with the background technology. Compared with the background art, the advantages or positive effects of the present invention should be clearly and accurately explained. It can improve the output and product quality, and play a positive role in saving raw materials and reducing the discharge of three wastes. , provide technical solutions of different technical concepts or the development trend of new technologies, or have obvious positive technical effects in other aspects, although they have negative effects in some aspects.
Describe the effect of the invention, quantify it as much as possible. If it cannot be quantified, it can be described by analyzing structural characteristics and theoretical explanations, and advertising language cannot be used.
(7) Description of drawings
There is no mandatory requirement for the appended drawings of invention patents, which may or may not be attached. However, engineering blueprints cannot be used, and photos are generally not used as drawings.
(VIII) Specific implementation methods (examples)
The embodiment is a further description of the invention and the embodiment of the technical scheme of the invention, and the content of the embodiment should be detailed. At least one example of implementing the present invention should be provided. This example should describe in detail all the necessary conditions, such as parameters, materials, equipment, tools, etc., required by ordinary people in the field to implement and reproduce the invention. , and the necessary specifications and models. If new substances or self-prepared materials are used, the manufacturing method should also be explained. When describing the specific structure, each component should be marked with a mark consistent with the attached drawings.
(9) Other precautions
1. All documents should be in Song style, imitation Song style or regular script, with a word height of 3.5 mm to 4.5 mm and a line spacing of 2.5 mm to 3.5 mm. ..
2. The patent term of the invention patent is 20 years, counting from the date of application.
3. The application fee shall be paid within 2 months from the date of application or within 15 days from the date of receiving the acceptance notice; Application surcharge refers to the need to pay when the number of pages in the specification (including attached drawings and sequence table) exceeds 30 pages or the number of claims exceeds 10; The time limit for submitting substantive examination is 3 years from the date of application, and the fee shall be paid within 3 years.
4. Fees that can be reduced or exempted include: application fee, actual examination fee, examination fee and annual fee for three years before authorization.
5. The patent can enjoy the foreign priority or domestic priority of the earlier patent application.
6. The situation that an agency must be entrusted: a. Foreign countries and Hong Kong, Macao and Taiwan regions that have no habitual residence or business office in China. B as the first signatory, apply for and handle other patent matters in Chinese mainland together with the applicant.
7. When applying for a confidential patent, the name will not be disclosed, and only the patent number, application date and authorization announcement number will be published when the authorization announcement is made.
8. Invention patents can be announced in advance, but no conditions can be attached.
9. Any unit or individual who applies for a patent for invention or utility model (PCT) completed in China to a foreign country shall first file a confidentiality review with the patent administration department of the State Council.
10. If the application of biomaterials is involved, please follow the relevant provisions of the Patent Law, the detailed rules for the implementation of the Patent Law and the patent examination guide.