Basic logic and matters needing attention in patent application

As a patent agent, it is often seen that inventors submit technical disclosure documents that are unintelligible or don't grasp the key points at all, or know what their invention is when discussing technical solutions, but they don't know what the patent can protect, what it can't protect, what it needs to protect and what it doesn't protect.

Basic logic:

Second, the patent right is an exclusive right. A patent that only discloses the technical scheme but cannot play an exclusive role is a patent that provides technical information to others free of charge and has no value to the patentee.

Third, the purpose of applying for a patent is to obtain the scope of protection of rights, not to disclose the relevant technology of the invention.

4. Patent protection is open protection for protection and patentable protection.

That is, the patent only protects the patentable technical scheme, that is, the technical scheme is novel and unclear compared with the existing technology. And the applicant has disclosed what can be protected. That is to say, it is impossible to protect the scope that the applicant has not disclosed in the specification and has not requested protection in the claims. But even if the applicant discloses it in the specification and explicitly claims it in the claims. If the claimed technical scheme covers the previous prior art, the technical scheme will lose its patentability because it is not novel.

Precautions:

5. Before the application, the invention idea to be protected by patent shall not be disclosed in any form, that is, the invention idea, technical idea or specific idea related to the invention technical scheme shall not be disclosed by introducing products, technological processes, articles or audio-visual materials. Because the concept or idea of the invented technical scheme is known to unspecified people in any form, the invented technical scheme loses the basic condition of patentability-novelty.

Six, the disclosure of technology to the patent agency, starting from the existing technology that is closest to the technical scheme of the invention, without starting from the closest prior art, unless these earlier prior technologies are not known to the general public or are closely related to the technical problems to be solved by the technical scheme of the invention.

7. After determining the closest prior art to the technical scheme of the present invention, it is important to explain the differences between the technical scheme of the present invention and the closest prior art, and what specific functions or effects these differences have on solving the technical problems to be solved by the technical scheme of the present invention.

Eight, provide one or two technical features related to the technical scheme of the present invention, which are most unlikely to be thought of by a technician in the field, and it is not easy to predict the effect even if they are thought of, as the exit features of the patent application of the present invention. That is to say, if the applicant knows from the beginning that the main technical scheme of the invention is no longer novel, then he will not only use these backward features to apply for a patent, because even if authorized, it will not have much patent value. However, when the applicant is not sure whether the main technical scheme of the invention is novel or not, the significance of these retrogressive features is at least that the applied patent finally obtains the authorization certificate. Even if this authorization certificate has no substantial patent value for the applicant at present, it will not get anything after applying for a patent at least once. This kind of authorization certificate that has no patent value to the applicant does not guarantee other value to others. Therefore, if the authorization certificate can be obtained, only by patenting this certificate can the cost of patent application be recovered.