Claim of Shenzhen patent application

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

The invention content and examples of the landlord's question belong to the contents of the manual. Instructions usually need to provide a lot of information, including the status of existing technology, the principle of invention and creation, and various feasible ways to realize invention and creation. And this information is written to help people understand and implement the invention, not to determine the scope of patent protection. The scope of patent protection is defined by the claims. Details are as follows:

1. The content of the invention refers to the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, as well as the beneficial effects of the invention or utility model relative to the prior art..

2. The embodiment is an explanation of the preferred mode of the invention or utility model that the applicant considers.

The claim describes the protection scope of the patent right. According to the different objects of protection, it can be divided into product claims and method claims. The objects protected by product claims include substances, articles, equipment, machines, systems composed of several devices, etc. The objects protected by method claims include manufacturing methods, using methods, new uses of known products, methods of using products for specific purposes, etc. The subject title of the claim should clearly indicate whether the claim protects a product or a method, and vague expressions such as "an energy-saving technology" and "a communication scheme" are not allowed. Claims in an application for a patent for utility model can only have product claims, but not method claims.

All this is because according to Article 11 of the Patent Law, the legal protection provided for different types of patent rights is different. The legal protection provided for different types of patent rights is different. For product patents, the protection provided by law is to prohibit others from manufacturing, using, promising to sell, selling or importing their patented products without the permission of the patentee; For the patent right of product manufacturing method, the protection provided by law is to prohibit others from using, promising to sell, selling or importing products directly obtained according to the patented method without the permission of the patentee; For the patent right of other methods, the protection provided by law only prohibits others from using their patented methods without the permission of the patentee. If the type of claim is not clear, it is impossible to determine what kind of legal protection should be provided.

According to different writing methods, claims can be divided into independent claims and subordinate claims.