(1) technical problems to be solved
The technical problems to be solved by the invention refer to the technical problems existing in the prior art that need to be solved by the invention. The technical scheme disclosed in the invention patent application should be able to solve these technical problems.
The technical problems to be solved by the invention shall be written in accordance with the following requirements:
(1) Aiming at the defects or deficiencies existing in the prior art;
(2) To objectively and reliably reflect the technical problems to be solved by the invention in positive and concise language as far as possible, and further explain its technical effects.
The description of the technical problems to be solved by the invention shall not use advertising language.
The specification of a patent application may list one or more technical problems to be solved by the invention, but at the same time, the technical solutions to these technical problems shall be disclosed in the specification. When an application contains multiple inventions, the technical problems to be solved listed in the specification should all be related to a general inventive concept.
(2) Technical scheme
The core of the invention patent application is the technical scheme disclosed in the specification.
A technical scheme is a collection of technical measures taken by the applicant to solve technical problems. Technical measures are usually embodied by technical characteristics. The term "specifying the technical scheme adopted by an invention or utility model to solve its technical problems" mentioned in Item 3 of Paragraph 1 of Article 18 of the Detailed Rules for the Implementation of the Patent Law refers to clearly and completely describing the technical features of the technical scheme adopted by an invention or utility model to solve its technical problems. In this part of the technical scheme, at least the technical scheme of independent claims containing all necessary technical features should be reflected, and further improved technical schemes containing other additional technical features can be given.
In general, the technical scheme of the specification shall first state the technical scheme of the independent claim, and its language shall correspond to or be the same as that of the independent claim, and its essence shall be clarified in the form of the sum of the necessary technical features of the invention, and the relationship between the sum of the necessary technical features and the effect of the invention shall be explained when necessary.
Then, through the description of the additional technical features of the invention, we can reflect the technical scheme of the dependent claims which are further improved. Where an application contains multiple inventions, the technical scheme of each invention or utility model shall be clearly stated.
(3) beneficial effects
The description should clearly and objectively state the beneficial effects of the invention relative to the existing technology.
Beneficial effects refer to the technical effects directly brought by or necessarily produced by the technical features that constitute the invention. The beneficial effect is an important basis for determining whether the invention has "significant progress".
Beneficial effects can generally be reflected by improving output, quality, precision and efficiency, saving energy consumption, raw materials and working procedures, simplifying processing, operation, control and use, controlling or radically treating environmental pollution, and showing useful performance.
Beneficial effects can be explained by combining the analysis of the structural characteristics of the invention with theoretical explanation, or by enumerating experimental data, and it is not allowed to just assert that the invention has beneficial effects.
However, no matter which method is used to illustrate the beneficial effects, it should be compared with the prior art and the difference between the invention and the prior art should be pointed out.
In some cases, the beneficial effects of the invention in mechanical and electrical fields can be explained by combining the structural characteristics and mode of action of the invention. However, in most cases, inventions in the field of chemistry are not suitable to explain the beneficial effects of inventions in this way, but are explained by experimental data.
For those who have no desirable measurement methods at present and have to rely on people's sensory judgment, such as taste and smell, the experimental results expressed by statistical methods can be used to illustrate the beneficial effects.
When citing experimental data to illustrate the beneficial effects, necessary experimental conditions and methods should be given.
Generally speaking, the purpose of applying for a patent is to obtain a patent right, and the ultimate purpose of obtaining a patent right is to occupy the market. It takes a certain fee to apply for and maintain a patent. Therefore, the applicant should actively strive to implement the patent as soon as possible after applying for the patent, especially after obtaining the patent right. At present, the main ways of patent implementation are as follows:
1, the patentee implements his patent.
Self-implementation refers to the patentee's own manufacture, use and sale of its patented products or use of its patented methods.
2. Allow others to achieve it
The patentee can not only exploit his patent by himself, but also allow others to exploit his patent with conditions and compensation by signing a patent exploitation license contract. Transactions conducted by signing patent licensing contracts are called patent disease contract transactions or patent licensing transactions. According to the size of the licensing authority, the licensing method is adopted. Generally can be divided into the following five types:
(1) exclusive license. It means that the Licensor allows the Licensee the right to independently exploit its patent within a certain period and within a certain area, and the Licensor can no longer go to China by itself or allow a third party to exploit its patent.
(2) Exclusive license. Exclusive license, also known as exclusive license, means that the licensor allows the licensee to exploit the patent exclusively in a certain area within a certain period of time, while Xu Quan still reserves the right to exploit the patent by himself, but no third party is allowed to exploit the patent within that period of time.
(3) General license. It means that the licensor can still allow the licensee to use a patented technology at a specified time and area, and the licensor can still implement it by itself or license it to a third party.
(4) Cross-licensing. It refers to the implementation of reciprocal licensing for patented technology of equal value, that is, both parties allow each other to use their own patented technology.
(5) Sub-licensing. It means that the licensor agrees to clearly stipulate in the license contract that the licensee will exploit its patent within the specified time and area, and at the same time, the licensee will pay a certain amount of royalties to the licensor from the royalties paid by the third party.
3. Patent transfer
The owner (transferee) of the patent application right or patent right may sign a patent application right or patent right transfer contract with the transferee (transferee) and register with the China National Intellectual Property Administration Patent Office, which will make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.
Generally speaking, when considering the implementation of its patent, the patentee should comprehensively consider what way to take according to the actual situation at that time, including the maturity of patented technology, market expectation and its own conditions. When signing a contract, you should use the national standard text or consult professionals to avoid disputes caused by imperfect contract terms in the future. Local intellectual property offices can provide standardized texts formulated by China National Intellectual Property Administration to guide the parties to sign contracts. How to improve the implementation rate of patented technology
At present, the patent implementation rate applied by enterprises is high, while the patent implementation rate applied by scientific research institutions and individuals is still low. Among them, China's current technology market is not perfect, and the channels for technology transformation are insufficient, but there is another important reason that the patented technology itself is not perfect, or there is still a long way to go from practical application. How to improve the patent implementation rate? Measures can be taken from the following aspects:
1. Intensify publicity and speed up marketing.
Even if it is a good patented technology, if you want to find a partner, you need to let the other party know first. Therefore, the patentee should actively publicize and popularize this technology. You can participate in exhibitions, technology fairs, patent technology and product fairs, edit the compilation of patent technology achievements, or directly contact the enterprises that may accept it by letter. You can also publish patented technology information in the news media and websites, or contact the news media to report. In short, you should send as much information as possible to potential buyers in the technology market, expand the contact area, and then further negotiate with more likely buyers.
2. Strive to improve the technology and prepare for implementation.
Although some patented technologies have good development prospects, they are only laboratory results, and no pilot or industrial tests have been carried out. Therefore, it is difficult to actually produce it, and it is also difficult to get the buyer's approval. Therefore, if the patentee has the possible conditions, he should improve the patented technology as much as possible and make preparations for implementation. If you make a sample, it will be much more convincing.
3, the use of national policies, strive for multi-party support.
In recent years, the state and local governments have taken many corresponding measures to support the transformation of technologies and new products into productive forces. The patentee can strive to include the implementation of the project in the plans of the state and local governments, and strive for implementation funds through multiple channels to promote patent implementation. For example, the national torch plan, climbing plan, key new product projects, incubation projects, and demonstration projects to promote the industrialization of patented technology. The patentee should strengthen communication and contact with the management authorities, actively strive for support, and create conditions to incorporate his own patents into various plans to make them better implemented.
In short, the patentee should not have the idea of "waiting, relying and wanting", but should actively promote the patented technology market by himself. For patented technology with real market value, I believe it is possible to reach the recipients and realize its value through hard work.
Take a good look.