1. The independent claim consists of two parts, namely the preamble and the characterizing part. The preamble should state the name of the invention or utility model, as well as the necessary technical features of the technical solution of the invention or utility model and the closest existing technology; the features section should use "its characteristics are..." ” or similar terms, specify the technical features that distinguish the invention or utility model from the closest existing technology. The characteristics of the preamble and the characteristic part together define the scope of protection of the invention or utility model patent right.
2. Dependent claims should use additional technical features to further qualify the cited claims. Additional technical features may be technical features that further define the technical features of the cited claims, or may be additionally added technical features. Dependent claims should also be composed of two parts, namely the reference part and the characterizing part. The reference part shall state the number of the cited claim and the name of the invention or utility model; the feature part shall state the additional technical features of the technical solution claimed by the dependent claim based on the cited claim.
The technical features contained in a dependent claim include not only the technical features to which it is attached, but also all the technical features of the claim to which it is dependent. Therefore, the scope of protection determined by a dependent claim must be smaller than the scope of protection of the claim to which it is dependent.
2. The size and scope of patent rights are determined by the claims. "As the most important claim in a patent application document, its drafting quality is crucial to the right holder. The claim should include at least one independent claim and may also include dependent claims. The Implementing Rules stipulate," The independent claims should reflect the technical solution of the invention or utility model as a whole and record the necessary technical features to solve the technical problem. "Patent applicants must understand that the so-called necessary technical features in the independent claims are technical features that are indispensable for the invention or utility model to solve its technical problems, and are inventions that distinguish the technical solution of the invention or utility model from all prior technical solutions. points and the scope of protection that can be obtained after the patent is granted. Dependent claims are claims that follow the independent claims and further define the cited claims (including independent or dependent claims) with additional technical features. The subordinate claims of the claims are improvements to the independent claims and must fall within the scope of protection of the independent claims, but the independent claims are further optimized and limited by adding new technical features because the dependent claims are set forth in the independent claims. According to the optimization plan and further limitation of the technology, the scope of protection of independent claims must be wider than that of dependent claims, and infringement of independent claims may not directly infringe dependent claims. However, dependent rights also have their own rights. Important functions that are irreplaceable, the most prominent of which is that an independent claim can be promoted to a new independent claim if it is declared invalid.
The legal basis is also stipulated in Article 20 of the Implementing Rules of the Patent Law. , “The claims should describe the technical features of the invention or utility model, and clearly and briefly state the scope of protection requested.