Invention patent claim?

According to the regulations of our country, the patent claim is an application document that must be submitted to apply for invention patent and utility model patent. It is the content of a patent for invention or utility model, has direct legal effect, is the core of patent application, and is also an important legal document to determine the scope of patent protection. The applicant can fill in or write by himself, or entrust a patent agency to handle it on his behalf. The patent claim shall be signed in accordance with the provisions, and the signature shall be completely consistent with the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the representatives of the applicants. Where a patent agency is entrusted, it shall be signed by the patent agency. The application documents shall be arranged in the following order: the request, the abstract of the specification, the appended drawings of the abstract, the patent claim, the specification and the appended drawings of the specification. All parts of the application documents shall be numbered with Arabic numerals respectively. The quality of the paper should be equivalent to that used in the copier. No useless words, marks, boxes, lines, etc. On the paper. Paper should be A4 size (2 10/0mm× 297mm). Paper should be used vertically. The text is arranged from left to right, with 25 mm blank in the upper left and 15 mm blank in the lower right, which is convenient for publication and review. The home page must use the format formulated by China National Intellectual Property Administration. This form can be obtained from the consulting office of the reception hall of the Patent Office, or from patent offices around the country, or directly downloaded from the website of China National Intellectual Property Administration or obtained by letter (the letter is sent to the issuing room of the preliminary examination and process management office of China National Intellectual Property Administration Patent Office). Each page is in duplicate. The continuation page can use white paper of the same size and quality. Use only the front side of the paper. All parts use Chinese characters. If there is no uniform Chinese translation of foreigners' names, place names and technical terms, the original text shall be indicated in brackets after the Chinese translation. The Patent shall be typed or printed in Song style, imitation Song style or italics, and the handwriting shall be neat and clear, black, meeting the requirements of plate making, and shall not be altered. The word height is between 3.5 mm and 4.5 mm, and the line spacing is between 2.5 mm and 3.5 mm. No blank lines are allowed. The patent claim shall specify the technical features of the invention or utility model and clearly and concisely specify the scope of protection requested. When a patent claim contains several claims, it shall be numbered in Arabic numerals, and the number shall not be preceded by the words "claim" or "right item". The scientific and technical terms used in the claims shall be consistent with those used in the specification. When necessary, there may be chemical formulas, mathematical formulas and tables, but no illustrations. Terms such as "as described in the description" or "as shown in the figure" shall not be used. Only one period is allowed at the end of each claim. The patent claim shall write the page number in turn in the center of the lower edge of each page. A form can only be used for one patent application. The applicant shall keep the manuscript to ensure the consistency of document filling in the process of application examination and approval, and take it as a reference when replying to the examination opinions. If the application documents are mailed, they shall be sent by registered mail. If the applicant can't send it by registered mail, he can submit a patent application by express mail or through the website of China National Intellectual Property Administration government. Application documents shall not be sent by parcel post. In addition to indicating the detailed address of the Patent Office or its agency (including postal code), the registered letter should also indicate the words "application documents", "China National Intellectual Property Administration Patent Office accepted" or "China National Intellectual Property Administration Patent Office accepted". Registered letters should only contain the same application documents. After mailing, the applicant shall properly keep the registered receipt stub. The claims are used to define the scope of protection of inventions and utility models. 1. According to the nature of the technical scheme protected by the claim, it can be divided into two basic types: product claim and method claim. Product claim is also called crop claim internationally. The object of protection is things (products and equipment) produced by human technology, including articles, substances, materials, tools, devices, equipment, instruments, parts, components, circuits, alloys, coatings, cement, glass, composites, compounds, pharmaceutical preparations and other specific entities produced by human technology. Method claim is also called activity claim internationally. The object it protects is an activity with time process elements. It can be a manufacturing method, a use method, a communication method, a processing method and a method of using a product for a specific purpose. Although things, such as materials, equipment and tools. , will involve the execution of these method steps, the core is not to innovate or improve the thing itself, but to realize the technical problems to be solved by the method invention through the combination and execution order of the method steps. The purpose of distinguishing claims in types is to determine the protection scope of claims. Generally speaking, when determining the scope of protection of a claim, all the features in the claim should be considered, and the actual limiting effect of each feature should finally be reflected in the subject matter of the claim. For example, when one or more technical features in the product claim cannot be clearly characterized by structural features and parameter features, it is allowed to be characterized by method features. However, the protection theme of product claims characterized by method features is still the product, and its actual restrictive effect depends on its impact on the product itself. For the product claim whose subject name contains use restriction, the use restriction should be considered when determining the protection scope of the product claim, but its actual restriction effect depends on the influence of the product itself. For example, the claim entitled "Mold for molten steel casting", in which the use of "mold for molten steel casting" has a restrictive effect on the theme "mold"; As for "a plastic mold box for forming ice cubes", because the melting point of ice cubes is much lower than that of molten steel in the "mold for pouring molten steel", it cannot be used for pouring molten steel, so it is not within the protection scope of the above claims. However, if the definition of "used for ..." has no influence on the product or equipment to be protected, it only describes the purpose or use mode of the product or equipment, and has no influence on judging whether the product or equipment is novel or creative. For example, "Compound X is used in ... It should be noted that according to the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, the invention referred to in the Patent Law refers to the utility model referred to in the Patent Law according to the second paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, which refers to a new practical technical scheme for the shape, structure or combination of products. Therefore, the utility model patent only protects the product, not the method, and it must be a product with shape and structure. Therefore, the object of utility model patent protection is only the product with shape and structure, that is to say, only the product claim is allowed in the claim of utility model patent application, but not.