How to write a patent application
I. Concept of Patent Application Documents Patent application documents refer to a series of documents submitted by individuals or units to the State Patent Office to apply for patent rights.
Two. Types and application scope of patent application documents Patents in China are divided into invention patents, utility model patents and design patents. The documents required to apply for these three patents are slightly different: to apply for a patent for invention or utility model, a patent request, a patent specification, an abstract of the specification and a patent claim shall be submitted; To apply for a patent for design, a patent request and a picture or photograph of the design shall be submitted.
Three, the main characteristics of the patent application documents
1. novelty
The contents contained in the patent application documents must not be published in domestic and foreign publications, which is the first at home and abroad.
Step 2 be practical
The description of invention and creation in patent application documents is very specific and reliable, which can be manufactured or used, and has important reference value for formulating solutions to specific technical problems.
Step 3 be timely
Patent application is time-consuming, and the publication of patent documents is also time-limited. The patent specification should be published to the public as soon as possible.
4. Standard
Patent application documents are basically in accordance with the international unified format and genre, with a unified identification code, a unified country code and a unified international patent classification number.
Four. Format and requirements of patent application documents:
1. patent request
Patent request is one of the main application documents for patent authorization, which is generally filled in according to the standard format provided by the patent office. The main projects are:
(1) the name of the invention, utility model or design; Fill in the name should be short, to the point and accurate.
(2) the name of the inventor or designer. Name-generally, the real full name is required, and no "comrade" or other job titles are added after the name.
(3) The name of the applicant or unit. If the applicant is an individual, the name should be written; When the applicant is a company, the company name shall be written, and the company name shall not be abbreviated. If the patent application is filed by several people, it is necessary to designate a * * * applicant or agent as its representative. If not specified, the first signer is the representative.
(4) the address of the applicant. Generally, the applicant's permanent address should be stated. The writing of the applicant's address should be convenient for quick and accurate delivery. Some countries also require postal code, telephone number, telegram, telex registration, etc.
(5) Date of application. The date of filing is the date of applying for a patent, usually based on the date when the patent office receives the patent application documents; If the application documents are sent by post office, the postmark date shall be the application date.
(6) priority. Priority refers to the right to enjoy priority treatment. If there is a priority date, the filing country, filing date and application number of the first patent application shall be stated.
2. Patent specification
Patent specification is a document that elaborates the essence of invention technology in detail for patent institutions to examine, print, publish and consult.
The specification shall give a clear and complete description of the novelty of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary.
The content of the manual usually consists of three parts:
(1) title page. Descriptions of patent documents and related legal documents are printed on the title page. The entries of patent documents can be divided into four parts:
1 number. Contribution number, application number and priority application number.
② Date. Date of application, date of priority application and date of announcement.
③ Name. The name of the country, region or international property management agency that published the patent document, the name of the country that submitted the priority application, and the identity certificates of the personnel related to the document (referring to the applicant, inventor, lawyer, etc.). ).
(4) Information about technical content. Brief description of abstract type, international patent classification, domestic classification number, invention name, reference, abstract or related prior art claims not included in narrative text but listed separately.
(2) the text. The text includes:
1 name. The name should be able to accurately and concisely identify the object of the invention, which is completely consistent with the scope of the invention and the name in the patent request.
2 Preface. Explain the technical field to which the invention belongs, the technical level in this field before the invention was established, the shortcomings in the existing technology, the purpose and technical advantages of the invention, etc.
⑧ Subject. This is the core part of the instruction. Explain the details of the invention and the means to solve it, and often cite several examples and the best implementation to explain the technical and economic benefits that will be obtained after the invention is adopted.
④ attached drawings. The attached drawings mainly explain the parts or various schemes contained in the specification, and the contents of the attached drawings shall not exceed the text of the specification. The attached drawings include schematic diagram, circuit diagram, schematic diagram and process flow chart.
3. Requirements
Claim (also called claim) is the object or scope of legal protection of patent applicant, that is, the original part of the inventor, and it is the specific content that excludes others from possessing it for free.
Claims are divided into independent claims and dependent claims.
An independent claim is a claim that reflects the main technical features of an invention or utility model as a whole. The writing method of independent claim is divided into preface part and characteristic part. Preface describes the technical field; The characteristic part explains the technical characteristics that the invention itself requires to protect.
Dependent claim refers to the claim put forward on the basis of the previous claim. The writing method of subordinate claims is divided into reference part and characteristic part. First introduce one or more of the above rights, and then write the characteristics. When writing the citation part, only indicate the number of the cited claim, and write the number at the beginning of the sentence as far as possible. When writing the feature part, the additional technical features shall be stated, and the cited independent claim shall be further technically restricted.
The claims shall actively, clearly, completely and accurately define the technical features of the invention described in the specification, and shall not exceed the scope of the specification, and the technical terms used shall also be consistent with those used in the specification.
4. Description summary
A brief description of the basic composition or main technical features of the invention or utility model. It can help professionals or examiners to retrieve patent documents. Abstract generally consists of two parts: title and abstract, and the number of words generally does not exceed 250 words, and commercial propaganda terms are not allowed.
5. Design documents
The content and format of the request for a patent for design are basically the same as those of the request for a patent for invention or utility model, but the product and its category using the design shall be clearly stated.
To apply for a design, the applicant shall mainly submit pictures or photographs of the design in addition to the written request. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. Pictures or photographs should clearly show the protected object from different angles, different sides or different states, and samples or models of products using the design can be attached when necessary.
6. Other documents
The five documents mentioned above belong to the basic documents required by all countries. In addition, according to the regulations of various countries and the special reasons of various applications, there are the following documents: ① The documents proving the priority of the convention can be submitted together with the basic documents or later. For example, the late delivery period in Britain, Japan and Spain is three months, in France it is four months, and in the United States it is six months. (2) documents proving the priority of the exhibition. (3) To apply for a transfer certificate, in countries such as the United States and Canada that implement the inventor application system, non-inventors must submit a "transfer certificate" within the prescribed time limit at the same time or afterwards. (4) the power of attorney of the patent agent to undertake the affairs, such as the inventor sworn to entrust a patent lawyer to undertake the patent application.