(1) Technical field: indicate the technical field to which the technical scheme to be protected belongs;
(2) background technology: statement understanding, retrieval,
Review useful background technology; Possibly, the quotation also reflects these background technologies.
Documents;
(3) Contents of the invention or utility model: indicate the location of the invention or utility model.
Technical problems to be solved and technical solutions to solve technical problems
According to the existing technology, state the beneficial effects of the invention or utility model;
(4) Description of drawings: If there are drawings in the specification, please give a brief description of each drawing.
Description;
(5) Specific mode: explain in detail that the applicant believes that the invention has been realized or
Preferred mode of utility model; If necessary, give examples; If there are any drawings, please refer to.
Illustration.
Question 2: What is the technical field in the patent application? According to the patent examination guidelines,
The technical field of the invention or utility model should be the specific technical field to which the technical scheme of the claimed invention or utility model belongs or is directly applied, not the superior or adjacent technical field, nor the invention or utility model itself.
This particular technical field is often related to the lowest possible position of an invention or utility model in the international patent classification table.
For example, an invention about an excavator cantilever was improved by changing the rectangular cantilever section in Sichuan into an elliptical section. Its technical field can be written as "the invention relates to an excavator, in particular to an excavator cantilever" (specific technical field), but it is not suitable to be written as "the invention relates to a construction machine" (upper technical field) or "the invention relates to an elliptical section of an excavator cantilever" (the invention itself).
Question 3: What are the fields of patented technology? The classification of technical fields shows that patented technology has invention and practical technology.
The fundamental difference between invention patent and utility model patent;
1. Invention as mentioned in the Invention Patent Law refers to a new technical scheme proposed for a product, method or its improvement.
(1) The invention is a new technical scheme. Technical scheme refers to the concrete idea of using natural laws to solve a specific technical problem in human production and life, and it is a scheme that uses natural laws and natural forces to produce certain effects. The technical scheme generally consists of several technical features. For example, the technical features of the product technical scheme can be shapes, structures, components, materials, appliances, equipment and devices. Methods The technical features of the technical scheme can be process, steps, flow, time, temperature, pressure, equipment and tools used, etc. The interrelation between various technical features is also a technical feature. (2) Inventions are divided into product inventions and method inventions. Product inventions include all inventions made by people. Methods Inventions include all methods that make use of natural laws, which can be divided into manufacturing methods and operating methods, such as inventions made in processing methods, manufacturing methods, inspection methods or product use methods. An invention protected by the patent law can also be an improvement of an existing product or method. Most inventions are improvements on the existing technology, such as new combinations of certain technical features and new choices of certain technical features. As long as these combinations or choices produce new technical effects, they are inventions that can be protected by patents. The term "utility model" as mentioned in the patent law refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. The similarity between utility model and invention lies in that utility model must also be a technical scheme, not an abstract concept or theoretical expression. The difference between utility model and invention lies in that, firstly, utility model is limited to products with certain shapes, and cannot be methods, such as production methods, test methods, treatment methods and application methods, nor can it be products without fixed shapes, such as drugs, chemicals and cement. Second, the utility model is not too creative, but it is very practical.
Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates: "Invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement." It refers to the inventor's ideas and new methods to solve various technical problems created by using the laws of nature.
Article 2 of the Detailed Rules for the Implementation of the Patent Law also stipulates: "The term" utility model "as mentioned in the Patent Law refers to a new practical technical scheme for the shape, structure or combination of products", that is to say, a utility model patent refers to a new scheme for the shape, structure or combination of machines, equipment, devices, appliances or devices, which can manufacture products with practical value or practical use in industry.
Compared with the invention patent, the utility model patent has the following characteristics: first, the utility model is related to the shape, and the protection scope is narrow; Second, the invention has the conditions of "outstanding substantive characteristics and remarkable progress", while the utility model only needs to have the conditions of "substantive characteristics and remarkable progress". The level of creativity of utility models is lower than that of inventions, so some people call utility model patents "small inventions" and patent utility models "small patents". The Patent Law stipulates the simplified examination and approval procedure of utility model patent application relative to invention patent. In terms of fees, the fees payable for applying for utility model patents are lower than those for applying for invention patents, and the protection period of utility model patents is shorter than that of invention patents.
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Question 4: How to understand "technical personnel in technical field" and "technical personnel in technical field" are also called technical personnel in this field, which is a very important concept introduced in patent law. Does not exist in real life, is a fictional person. In the patent law, "technical personnel in this field" is regarded as the subject of judging "creativity". In addition, this concept is also applied to the judgment of several other problems. For example, it is also used to judge whether the patent specification is "open and sufficient" and whether a patent is equivalent to infringement. Therefore, it is necessary to have a correct understanding of "ordinary technicians in this field". I. Meaning of "technical personnel in technical field" In the examination guide revised by China Patent Office 1993, "technical personnel in technical field" is defined as: "A technical personnel in technical field is different from an examiner, and he is a fictional person. He knows all the existing technologies in the technical field to which the invention belongs, and has the general knowledge and ability of ordinary technicians in this technical field. His knowledge changes with time. " In the above provisions, "technical personnel in the technical field" is defined as "people who know all the existing technologies in the technical field to which the invention belongs". In the popular words of examiners at that time, "ordinary technicians in this field" knew all the existing technologies before the filing date. At the end of 1990s, there was an invention patent application named "Four-stroke reciprocating piston cylinder series internal combustion engine", which involved a new type of internal combustion engine ―― changing the traditional parallel cylinder into series cylinder. The description of the technical scheme in the manual is extremely simple, which only shows the advantages of using series cylinders in the internal combustion engine, but does not explain the difference between the rest of the internal combustion engine and the traditional parallel cylinder internal combustion engine The attached drawing is only a very simple schematic diagram. In the process of substantive examination of the patent application, the substantive examiner rejected the application on the grounds of "lack of publicity", thinking that the new cylinder arrangement of cylinder series will inevitably bring some structural changes to other parts of this internal combustion engine, such as the steam distribution design of the engine, and the applicant should explain these specific technical contents in the specification. After receiving the rejection decision, the applicant shall file a request for reexamination with the Patent Reexamination Board. After examination, the Patent Reexamination Board upheld the original rejection decision. The applicant refuses to accept the reexamination decision made by the Patent Reexamination Board and brings an administrative lawsuit to the people's court. During the trial in the people's court, the applicant provided a newly retrieved patent document, which proved that technicians could solve the design problem of the steam distribution system of the machine by using the existing technology, so there was no problem of insufficient disclosure of the manual. After trial, the court of first instance held that because the contents of "insufficient publicity" identified by the Patent Reexamination Board had been recorded in the existing technology before its application date, ordinary technicians in this field could completely use this technology to realize the invention, and there was no problem of "insufficient publicity". Accordingly, the people's court revoked the rejection decision of the Patent Reexamination Board. The crux of the problem lies in the fact that what the applicant later submitted to the people's court was the patent document published before the filing date. Does the content recorded in this document belong to what ordinary people in the field should know? Or can the patent documents published before the application date be used as the basis for "full disclosure"? The subject to judge whether the instructions are fully disclosed should be "technical personnel in their technical fields". According to the definition of "technician" in the above review guide, technicians in their technical fields should "know" all the existing technologies before the application date. In this case, although the applicant did not explicitly write the relevant steam distribution problem in the specification, the solution to the steam distribution problem has been made public in the prior art, which should belong to the content that "technicians in the technical field" should know. Now that we know, we don't have to make it public. Therefore, there is no problem of "insufficient disclosure" in the present invention. This may be the basic basis for the people's court to make a judgment. If the above results are recognized, then any patent application only needs to write those technical contents that are not recorded in the existing technology in its specification, or when describing an invention, all the contents contained in the existing technology disclosed before the application date can be omitted from the patent specification, and it is conceivable how ridiculous the consequences will be. Article 26 of the Patent Law clearly stipulates: "The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field." In this regard, the review guide explains: "The technology it belongs to ... >>"
Question 5: What is the technical field in the patent application? The technical field of the invention or utility model should be the specific technical field to which the technical scheme of the claimed invention or utility model belongs or is directly applicable, not its superior or adjacent technical field, nor the inventor's utility model itself. This specific technical field is often related to the lowest position of the inventor's utility model in the international patent classification table.
Question 6: What do you mean by filling in keywords in the field of industrial technology? There are many reasons for the proliferation of bad information on the internet, and the lack of network morality is one of them. Establishing a complete legal system is the legal premise and institutional guarantee for effectively controlling bad information on the Internet. I wish you 20 15 happiness.
Question 7: What are the existing R&D foundations in related technical fields? If you are engaged in high-tech industrial projects. Then please see below. See which field your main product is. Hi-tech, hi-tech means hi-tech, hi-tech. 1983, the word "high-tech" was included in Webster's Third Edition International Dictionary published by the United States for 9000 words, and it was fixed as a formal term.