Key point 1: Write the core necessary technical features into the independent claim to achieve maximum protection.
It is a very important principle to write all necessary technical features into independent claims. If the right to independence
The necessary technical features of this patent are not recorded in the claims, and the possible result is that the claims are declared.
Invalid; Or, others can apply for a patent on their own for the undisclosed necessary technical features; And, use no
A patent with the necessary technical characteristics may not be protected by law if it is sued for infringement.
Therefore, in writing, we should fully understand the characteristics of the necessary technology and put the necessary technology.
Recorded in the independent claims. But this does not mean that all parts of patented products should be recorded in independent instructions.
Claim, but record:
1) is used to complete the necessary technical features of the invention to solve technical problems;
2) The technical features recorded in the claim are based on the comparison of the actual situation.
Technical characteristics of positioning, comparison, generalization and core;
3) The description of the necessary technical features can be distinguished from the existing technology and needs the support of the instruction manual.
Hold on.
Point 2: Write unnecessary technical features into the series of claims, because the dependent rights are optional.
The maximum protection can be achieved.
The independent claim records all necessary technical features, while the unnecessary technical features are written into the dependent claims.
In the claims.
For example, abc is the core, and D is not necessary. If the right of independence is written as abcd, others can modify it slightly.
Re-applying for a new patent, such as applying for patent abce, does not constitute infringement.
Point 3: the scope of protection avoids patents with only one independent claim and no subordinate claims.
It is too small.
A good patent application should record fewer, more core and more abstract technologies in the claim 1.
Characteristics, in order to strive for wider protection; Meanwhile, in the dependent claims, as many details as possible are recorded.
Technical features or technical solutions to general problems.
Point 4: Avoid the description of the technical scheme in the independent claim being too specific or too abstract to be explained.
The scope of book support is too large to be authorized.
Point five: avoid logical inconsistency;
In the claims and specification, in order to avoid logical inconsistency, pay attention to the following aspects:
1) The technical terms should be expressed consistently;
2) The mutual reference relationship between claims should be clear;
3) Ensure that the drawing number of the instruction is consistent with the actual drawing number;
Point 6: Avoid the division error between the technical scheme recorded in the claim and the prior art;
Using the existing technology to demarcate can show the novelty of the applied patent, but if it is not accurate.
Divide, it is better not to divide, all as the characteristics different from the existing technology. This is because, for the utility model,
As far as patents are concerned, after an inalienable right is authorized, it will not be because it is not demarcated or demarcated incorrectly.
Affect the validity of the patent; For an application for a patent for invention, there is an opportunity to refer to the examiner's quotation in the process of substantive examination.
The document closest to the comparison, while responding to the examination opinions, can clarify the claim through discussion.
There are two opportunities for revision in the process of applying for a patent for invention, which can be discussed with the patent office examiner.
After discussion, negotiate with the agent about the modification method of the patent)
Point seven: avoid the background technology being too simple and vague.
The background technology in the manual is too simple, mostly due to ignorance of the existing technology.
Knowing the existing technology, it is difficult to accurately grasp the main innovations and novelty. Innovation and novelty
Failure to highlight will be fatal, and Patent examiners will think that the patent is not innovative and will not be authorized.
It is best to summarize the retrieved existing technologies (existing patents, articles and monographs) and write them into the background technology.
In the process of operation, at the same time, the demand source of invention patent is introduced in the technical background, and the applied patent is further explained.
Urgency.
Point 8: Avoid technical misunderstanding, which makes written expression incomprehensible or even impossible.
This may be a low-level mistake of the patent author, or it may be an important means of "junk patent strategy". such as
If the fruit belongs to the former, it may be authorized due to the defects of the patent examination system, but it may be when exercising the patent right.
Cause difficulties or be declared invalid by others.
Ninth: avoid insufficient publicity.
Inadequate disclosure of patent specifications may lead to patent rejection or invalidation. more importantly,
Yes, the modification of the claim after communicating with the examiner must come from the specification, if it is a design.
The insufficient disclosure of the specification leads to no room for amendment of the claims.