Whether to write the claim or the instruction first depends on everyone's habits. Generally speaking, it is customary to write claims first, with a skeleton, and then write instructions around the skeleton to enrich the content. Others like to write explanations first and then summarize their opinions. Anything will do. Claim is the most critical and difficult part. The application documents for a patent for invention or utility model can also be arranged in the following order: request, abstract of specification, appended drawings of abstract, patent claim, specification, appended drawings of specification and other documents. The specification, like the patent claim, is an indispensable part of the patent document. In many cases, the importance of the specification is even more critical than the patent claim.
legal ground
The term "design" as mentioned in Article 2 of the Patent Law of People's Republic of China (PRC) refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. It can be seen that the design patent shall meet the following requirements: (1) refers to the design of shape, pattern, color or their combination; (2) It must be the design of product appearance; (3) it must be beautiful; (4) It must be suitable for industrial application.