Why write a method and device to apply for a patent?

Legal analysis: The function of patent writing method and device is to expand the scope of patent protection. The protection scope of the method patent can be extended to the products directly obtained by this method. In addition, if an infringement lawsuit involving a new product applies for a method patent, the burden of proof can be reversed, and the other party needs to prove that the method is different from the patented method, so the protection scope of combining the method with the product patent is wider. Without the permission of the patentee, no one else may use the patent, unless the patentee agrees.

Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).