Patent application documents need to complete at least three functions, namely, as technical documents, as legal documents and as searchable technical documents. As an inseparable whole, several components of the above patent application documents play a role in completing the above three functions of the patent documents, but each part focuses on completing different functions.
Among them, the function of patent documents as technical documents is mainly realized through instructions, so the instructions need to be "clearly and completely explained, subject to the realization of technicians in their technical fields" (Article 26, paragraph 3 of the Law); As a kind of legal document, the function of patent document is mainly realized by patent claim, so the patent claim needs to "clearly and briefly define the scope of patent protection on the basis of the specification" (Article 26, paragraph 4, of the Law); The function of patent documents as retrieved technical documents is mainly realized through the abstract of instructions.
Among several components of patent application documents, the most difficult part is undoubtedly the claim. The main function of the claim is to accurately define the scope of patent protection.
A detailed description of the seven-step method of writing claims
Step 1: Determine the technical characteristics and key innovation points of core differences.
The first step is the most critical step. This step needs to determine two key content issues in the writing of claims, namely, core distinguishing features and key innovation points.
The second step is to determine the minimum technical feature set and construct the core independent claim.
A complete technical scheme contains many technical features. First of all, we should find all the essential technical features that reflect the core distinguishing features in the complete technical scheme. In this step, some unnecessary technical features must not be introduced.
The third step is to examine and approve the technical topics of the core claims.
After the above-mentioned core claims are determined, the technical themes of the core claims can be determined in turn. Because the original technical theme was formed before the core claim was formed. This technical theme does not consider the possible extension of all technical features contained in the core claim, and it is very likely that the original technical theme is too narrow or too wide. Of course, it's usually too narrow.
The fourth step is to look at the core independent claims.
Consider whether some technical features in the original core independent claim are appropriate under the new technical theme;
Fifthly, arranging the subordinate claims in layers.
1. The key technical features determined in the first step are the focus of the dependent claims, which should be gradually realized through the dependent claims;
2. Remember that each dependent claim is an independent technical solution, and quoting a claim is just a simplified way of writing. When thinking and organizing language, we should completely substitute the contents of the cited claims in an imaginative way, thus starting the writing of subordinate claims.
Step 6, write other statement groups.
Claim 1 is generally the most important, called core independent claim, and other independent claims are secondary independent claims; Accordingly, the claim group formed by the core independent claim is called the core claim group, and the claim group formed by other independent claims is called the dependent claim group.
The seventh step is to conduct a two-step comprehensive audit.
The first step of the two-step comprehensive review is the review after all the claims are written.
The second step of the two-step comprehensive audit is the audit in the process of writing instructions.