What problems should be paid attention to in the scope of patent application?

Legal analysis: Attention should be paid to the scope of patent application: First, the scope of patent application coincides with the existing technology. Existing technologies include technologies that have entered the public domain, as well as technologies that have been granted patent rights or inventions that have been made public without the authorization of others. Other unauthorized prior patent applications submitted by enterprises themselves do not belong to the scope of the existing technology. In the case that the scope of patent application coincides with the existing technology, the part of the technical scope belonging to the existing technology is not granted a patent because of lack of novelty and creativity, and even if it is authorized by luck, it may still be declared invalid in the future. Of course, in the process of patent examination, enterprises modify the patent application according to law, but if they think that the modification is beyond the scope of the original patent application, such modification is not allowed.

Second, the scope of patent application is too narrow. Some enterprises limit the technology they apply for protection to a very small scope for fear that patent applications will not be authorized. As a result, competitors' views on inventions and existing technologies are consistent, and related technologies that do not constitute an equivalent relationship are directly used to implement or submit another patent application, which seriously erodes the market space of enterprise patent technology. Therefore, under the premise of not overlapping with the existing technology, enterprises should not only expand the scope of rights protection set by independent claims as much as possible, but also carefully analyze and design the additional technical features that can be added, and write down the subordinate claims.

Legal basis: Article 3 of the Patent Law of People's Republic of China (PRC), the State Council Patent Administration Department is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.

The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.