How to write the patent claim for invention

Paragraph 1 of Article 59 of China's Patent Law stipulates: "The scope of protection of the patent right for invention or utility model shall be subject to the contents of its claim, and the description and drawings may be used to illustrate the contents of the claim." It can be seen that the patent claim is the core part of the patent application document for invention or utility model, and it is also an important legal document to determine the scope of patent protection.

Write a claim from the following aspects:

Determine the name of the subject: In general, on the basis of the technical subject provided by the inventor, we can appropriately consider expanding the protection scope of the technical subject to form a more thorough protection network. Specifically, it can be extended from the perspective of parallel theme and extended theme.

List all technical features: On the basis of understanding the technical scheme, a feature tree can be constructed, and the relationship between technical features and technical features can be reflected in the feature tree at the same time.

Select the closest existing technology and determine the technical problems to be solved: the work of determining the "technical problems to be solved" may affect the protection scope of the claims formed in the future and should be paid enough attention.

Screening the necessary technical features to form independent claims: the scope of protection of independent claims should be appropriate, taking into account the needs of authorization and safeguarding the best interests of patentees.

Screening additional technical features to form dependent claims: when determining dependent claims, the level difference between the technical scheme of independent claims and the technical scheme of dependent claims should not be too large, and dependent claims corresponding to the intermediate protection scope should be set between independent claims and dependent claims defining specific technical schemes.

It should be emphasized here that the dependent claims should refer to the independent claims as much as possible.

See:/n/2012/16/c136655-19602387.html for details.