Patent writing skills

Legal subjectivity:

Patent is actually a contract signed by the patentee and the public, and the patent claim is the terms of the contract, and its importance can be seen. So how to write a claim? Let's discuss the writing skills of claim with you today. How to write a patent claim The writing of a patent claim needs to be refined and processed on the basis of the technical scheme and technical details disclosed in the technical disclosure, and it is not a copy of the technical scheme. The following skills should be paid attention to in the specific writing process: 1. The description of the technical scheme in the technical disclosure book is usually very specific, and the possibility of each conceptual generalization should be considered in the process of refinement. Appropriate generalization can expand the scope of patent protection and maximize the interests of patentees. However, it should be noted that we can't generalize without restraint. The larger the scope, the more existing technologies are covered, and the risk of patent rejection will increase accordingly. 2. Reduce unnecessary technical features. The less technical features a claim contains, the greater its scope of protection. Therefore, in order to expand the scope of protection reasonably, unnecessary technical features should be identified when writing the claim, deleted from the independent claim and set up the dependent claim. However, the applicant often cannot judge which technical features belong to non-essential technical features. At this time, the simplest way is to look at every technical feature of the patent claim from the perspective of solving technical problems. If the lack of any technical features can still solve the problem, then the technical features are non-essential technical features. 3. Do a good job in designing high-quality patents at the right level, and its claims must be strictly designed. Hierarchical design includes at least two levels. One is the hierarchical design of independent claims. A patent should include several groups of independent claims, which should include the protection themes of the upstream and downstream of the industrial chain, as well as different types of protection themes such as products and methods. The second is the hierarchical design of dependent claims, which should design several levels of protection scope under the maximum protection scope defined by independent claims, and construct three-dimensional protection for a certain protection theme. 4. Thinking about the quality of writing quality claims from the perspective of rights protection, and auditing from the perspective of subsequent rights protection is the key. From the perspective of safeguarding rights, it is generally necessary to examine the difficulty of proof and the possibility of evasion. If it is not easy to prove, we should consider the protection angle. For example, if it is difficult to limit product certification from the perspective of methods, then protection can be considered from the perspective of performance parameters. If there is the possibility of circumvention, the circumvention scheme should be included in the scope of protection, or new patents should be laid out for protection. Generally speaking, the writing of the claim is the part that needs the most energy when writing the application documents. This article only shares part of the author's experience. If there are any mistakes and omissions, I hope you will leave a message to correct them, and I hope you will actively contribute.