1 extended layout method-protecting "invention and creativity" is the king.
Because the research and development work is affected by the actual needs, many inventions only get an ideal embodiment or find a specific implementation, which leads to a single claim written in the patent application and a narrow scope of protection, and it is difficult to obtain diversified claims or patent applications. The scope of protection is naturally limited, and the restrictions on competitors are inevitably insufficient. This is not only difficult to effectively crowd out and restrict competitors, but also unable to increase the added value of R&D. On the contrary, it may give technical enlightenment to competitors and "guide" competitors to surpass themselves.
The existing patent application mode has not paid enough attention to this, no matter in the layout of patent application or the layout of claims. "Claims should actively protect your innovative ideas, not passively protect the specific practices you think of." Accordingly, a good patent layout can make the "idea" of the invention dominate the overall situation. It is an effective way to actively protect the "technical conception" of the invention by analyzing the essence of the invention, making patent layout, rather than a single technical scheme.
Extended layout method is a patent layout for a series of technical schemes to realize the technical idea of invention. Its essence is "making the invention essential, making the scheme essential, making the scheme concrete and diversified". Through the analysis of the technical scheme of the invention itself (possibly one or more embodiments), the core invention points are abstractly summarized, and the conceptual essence of the invention points-the technical idea of the invention is obtained; If the conceptualized invention can be transformed into an abstract technical scheme that meets the protection requirements of the patent law, it will constitute the core patent of the invention as an independent application, and "unlimited invention scheme" will be defined by "limited claim"; If the conceptualized invention point cannot constitute an abstract technical scheme, it will evolve into a series of technical schemes (including the technical scheme of the invention itself) that can realize the essence of the invention point, and several sub-patents will be formed according to the obtained series of technical schemes.
This method can protect a series of superior or specific technical solutions to realize the technical ideas of the invention, form the patent layout of the invention in the depth direction, expand the depth of the invention, effectively prevent others from evading the design, form a certain degree of mobility, and lay the foundation and provide support for the implementation of the later "migration layout method". Judging from the layout effect, a radioactive patent layout centered on the essence of the invention point can be formed. Of course, this method can also achieve patent layout or avoid design based on its invention and technical ideas by analyzing competitors' patent applications and surpassing competitors.
This method is suitable for comparing the patent layout of core or basic inventions. At the same time, also need to pay attention to:
This method is not suitable for inventions that cannot be abstractly summarized, such as inventions with unclear points or even "combination and superposition". When technological ideas cannot be protected, only the invention itself can be protected.
When using this method, we can't be divorced from the existing technology. For the core technology, the stronger the originality, the better the effect. If it is not an original invention, or if it is found to cover the existing technical scheme after the general survey, we should draw up a number of creative exclusive rights or a number of patent applications under the guidance of abstract conceptual technical ideas after excluding the existing technical scheme.
2. Migration layout method-the invention of "72" change
At present, many applicants do not pay attention to the transplantation of technical solutions, which greatly limits the application field of inventions, and the patent layout does not consider transplantation, resulting in the possible added value of patents not being reflected. It's like China invented gunpowder, but didn't transplant and expand its application. Instead, the western powers used gunpowder and entered the era of hot weapons in advance, which is a negative example.
Transplanting layout method is a layout that transplants the contents involved in the invention to other products, methods, technologies and even possible applications in other technical fields. Because of the universality and portability of technology, it is entirely possible for a technical means in the invention to be applied to many fields, and the width of the invention can be expanded through transplantation; Through the "from near to far, dig deep and expand the use" of the invention, we will expand the application path and field of the invention and realize the horizontal expansion, multi-function and diversification of the patent layout. In the process of implementation, we can analyze the idea, structure, principle, method, technical means, technical problems and transplantation of the invention according to the characteristics of the invention.
3. Alternative layout method-let products "dominate the world"
As the saying goes, "there are thousands of roads to success", there is more than one technical scheme that can achieve the purpose of invention. If only their own technical solutions are protected by patents, others can use other alternative technical solutions to carve up the market and affect the market interests of enterprises. Only by letting others walk at the end of the road can we effectively enhance our competitiveness and stand out from the world.
Instead of the layout method, based on the problem (the purpose of the invention) solved by the technical scheme implemented by itself, many other possible technical schemes for realizing the purpose of the invention are granted patents.
4, feature replacement layout method-moving and shining
In the technical scheme of realizing the invention, there must be some or even some technical features that can be replaced to achieve the same or similar technical effect, and even bring better technical effect, which brings competitors the opportunity to avoid design. The feature replacement layout method is to prevent this situation.
The feature replacement layout method is to replace one or more technical features and feature combinations in the invented technical scheme, or to transform the combination of various technical features to form a patent layout of a new technical scheme. The replaced technical features or feature combinations can be components, components and steps with similar functions, effects or structures, or they can be replaced according to the defects of corresponding technical features, or they can be replaced as thoroughly as possible through morphological analysis (one of the creative technologies), and even an alternative scheme that breaks the convention can be found. The technical scheme formed after feature replacement is patented to prevent competitors from circumventing the design, and an unexpected "new invention" may be formed through this layout.
5, sniper layout method
Blocking layout method: on the basis of analyzing competitors' technologies, find out the breakthrough points or necessary links of their technical solutions and make patent layout for them, thus hindering the implementation of technologies developed by competitors, delaying the time to market of their products, reducing their competitiveness and protecting their own market interests.
6. Puzzling layout method-patent maze
Confused layout method is a patent layout that confuses competitors and prevents competitors from tracking technology and setting obstacles. It is a "smoke bomb" deliberately released. In terms of patent layout, in addition to filing patent applications for technical solutions that need to be protected, it is also necessary to deal with some features in the main patent to form new applications, even technical solutions that cannot be truly realized, confusing competitors; And apply for some patent applications that are completely inconsistent with the research and development direction to confuse competitors. If confusing patents can make competitors think that they are important patents, this is the embodiment of high-level patent layout.
7. Invent and improve the layout method
Invent an improved layout method, and form a patent layout for a new technical scheme by improving and perfecting one's own or competitors' inventions. It can be to improve, reduce one or some technical features, add new technical features, find its defects and improve them. This way is used to realize the layout of the surrounding patents, and of course it can also create obstacles for competitors.
8. Decentralized layout method
Decentralized layout method is the patent layout of a complete product, method and different invention points in the industrial chain involved. Because these inventions are often located in different positions or links of products or methods, they form a multi-point combination in the patent layout relationship. This method has been widely used in practice.
9, staggered arrangement method
Staggered layout method is an invention consisting of a complete product or method and the unique relationship between the parts involved in the industrial chain. The patent layout is carried out in a staggered way, forming a cross-netted patent portfolio in the product or method and the whole industrial chain, and tying all links together through the patent layout to form a unified patent whole.
In addition, in the process of patent layout, we should also pay attention to the patent layout of "accidental invention", a by-product of research and development. In fact, many important inventions are by-products of research and development, such as gunpowder, which is an accidental invention in the process of alchemy. This kind of layout can often bring unexpected gains to the implementers.
According to the project situation, the above layout design methods should be comprehensively used to carry out three-dimensional, all-round and multi-angle layout to realize cross protection. Patent layout is a systematic project, which is not only a technical problem, but also a legal problem, and it is also a management problem. Layout design is not only restricted by technological development, but also considers time factors (application time, publication time, application progress control, authorization opportunity, etc.). ), but also need to cooperate with appropriate application strategies (such as document writing method, patent claim layout and structure, priority, divisional application, disclosure of implied information, defense skills and countermeasures, etc. ).