1 The independent claim is divided into two parts: preface and features:
I. Introduction
1, indicating the subject name of the technical scheme of the invention or utility model to be protected;
2. State clearly that the subject matter of the invention or utility model has the necessary technical characteristics closest to the existing technology.
Second, the characteristic part
1. Use "characterized by" or similar terms;
2. State the technical features of the invention or utility model that are different from the nearest existing technology. These features, together with the features of the preamble, define the scope of the invention or utility model.
Where the nature of the invention or utility model is not suitable to be expressed in the above way, its independent claim may be written in other ways. An invention or utility model can only have one independent claim, and the independent claim shall be written before the subordinate claim.
The dependent claims are divided into two parts: the quoting part and the limiting part;
1. Citation part: indicate the number of the cited claim and its subject name;
2. Limited part: specify the additional technical features of the invention or utility model.
Subordinate claims can only refer to previous claims. A number of dependent claims that refer to more than two claims can only refer to the previous claim in one way, and cannot be used as the basis of another dependent claim.
The applicant filed a patent application request with the patent administration department of the State Council, and after examination by the patent administration department of the State Council, it was found that it did not meet the requirements of the patent application and met the conditions for rejection. If the applicant refuses to accept the decision of the patent administration department in the State Council, he may file a request for reexamination with the the State Council Patent Reexamination Board.
The Patent Reexamination Board is composed of technical experts and legal experts designated by the patent administration department of the State Council. The applicant may, within three months from the date of receiving the decision to reject the patent application, file a request for reexamination with relevant evidence.
The Patent Reexamination Board receives the applicant's request for reexamination and forwards it to the original examination department of the patent administration department of the State Council for examination. If the original examination department thinks that the original decision should be revoked at the request of the applicant, it shall notify the Patent Application Reexamination Board, which shall issue a notice to the applicant to revoke the original decision.
After examination, the Patent Reexamination Board considers that the claimant's request does not conform to the relevant provisions of the Patent Law and its detailed rules for implementation, and notifies the claimant in writing, requiring the claimant to state his opinions within a specified time limit. If the patent application still does not meet the requirements after stating opinions or making amendments, the Patent Reexamination Board will make a decision to maintain the original decision and notify the requester in writing. If the claimant fails to state or amend it within the time limit specified by the Patent Reexamination Board, it shall be deemed that the claimant has withdrawn his request at the expiration of the time limit.
If the claimant refuses to accept the decision of the Reexamination Board, he may bring a suit in a people's court within three months from the date of receiving the decision of the Patent Reexamination Board to reject his request for instructions.
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Invention is not easy, I wish you success!
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