I. Components of the description of inventions and utility models
1 name
The description of an application for a patent for invention or utility model shall first indicate the name of the invention or utility model.
2. Explain the five components of the manual.
Instructions should usually include five parts and be written in the following order:
1) technical field: specify the technical field to which the technical scheme to be protected belongs.
2) Background technology: state the background technology that is useful for understanding, searching and examining the invention or utility model. It is possible and references reflecting these background technologies are cited.
3) Content of the invention: specify the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model relative to the existing technology.
4) Description of drawings. If there are drawings in the manual, give a brief description of each drawing.
5) Specific mode of implementation: specify in detail the preferred mode of realizing the invention or utility model that the applicant thinks. If necessary, give examples. If there are drawings, refer to the drawings.
Second, the form requirements of each component of the manual
The writing requirements for each part of the description of the invention or utility model are as follows.
1, name (section 4.65438+section 0.65438+section 0 of part 65438, section 2.2.65438 +0 of part 2 of the review guide)
The name of the invention or utility model shall meet the following requirements:
(1) clearly, concisely and comprehensively reflects the theme and type of the technical scheme required to be protected by the invention or utility model.
Type refers to whether the invention or utility model requires to protect the product or method. For example, contain a zipper and
Manufacturing method of zipper The application names of two inventions should be written as "Zipper and its manufacturing method".
(2) The name of the invention shall adopt technical terms commonly used in the technical field, and shall not contain non-technical words.
For example, people's names, company names, place names, trademarks, models or commodity names are all non-technical words and cannot be used.
Appear in the name of the invention.
(3) don't just use general words, so there is no invention information.
For example, we can't just use the words "method", "device", "composition" and "compound" as the names of inventions.
(4) Do not use commercial advertising language.
⑤ Simple and clear, generally no more than 25 words. Some inventions in chemistry can allow up to 40 words.
⑥ Try to avoid writing out the distinguishing features between the invention and the prior art. ..
2. Technical field (Part II, Chapter II, Section 2.2.2 of the Review Guidelines)
This part shall specify the technical field to which the technical scheme to be protected belongs.
The technical field to which the technical scheme claimed by the invention or utility model belongs refers to the specific technical field to which it belongs or directly applies, which is neither a generalized or superior technical field to which the invention or utility model belongs or applies, nor an adjacent technical field, nor the invention or utility model itself.
The technical field part shall reflect the subject name and invention type of the technical scheme required to be protected by the invention or utility model. It shall not be stated that the invention or utility model improves the nearest existing technology.
3. Background (Part II, Chapter II, Section 2.2.3 of the review guidelines)
Background art It is useful for understanding, searching and examining inventions or utility models. Background art Abstract writing or citation writing can be adopted. Background art should include three aspects:
(1) Indicate the source, and the cited patent document shall at least indicate the country and publication number of the patent document.
② Briefly explain the related technical contents of the prior art, that is, briefly give the main structure and principle of the prior art. ..
(3) objectively and realistically point out the main problems existing in the existing technology, but avoid using slanderous language.
Inventions (Part II, Chapter II, Section 2.2.4 of the review guidelines)
This part shall specify the technical problems to be solved by the invention or utility model and the technical scheme adopted to solve the technical problems, and specify the beneficial effects of the invention or utility model relative to the existing technology.
(1) technical problems to be solved
The technical problems to be solved by an invention or utility model refer to the technical problems existing in the prior art to be solved by the invention or utility model. Generally speaking, aiming at the technical problems existing in the closest prior art, combined with the effects obtained by the invention, the technical problems to be solved are put forward.
The technical problems to be solved by the invention or utility model shall meet the following requirements when writing:
(1) the positive statement should directly, clearly and objectively explain the technical problems to be solved, which should correspond to the defects mentioned in the background technology, and the problems to be solved can be one or more.
(2) The subject name and invention type that reflect the technical scheme that the invention or utility model requires protection.
(3) The technical problems to be solved shall be reflected, but the specific contents of the technical scheme shall not be included.
④ Do not use advertising language.
(2) Technical scheme: The technical scheme of the invention or utility model shall meet the following requirements when being written:
The term (1) is the same as or corresponding to the independent claim.
(2) When necessary, you can write the technical scheme of subordinate claims.
(3) Beneficial effects: The description shall clearly and objectively state the beneficial effects of the invention or utility model relative to the existing technology. ..
Beneficial effects refer to the technical effects directly brought or inevitably produced by the technical features that constitute an invention or utility model.
The beneficial effects of the invention or utility model can be expressed in the following ways:
① Generally, the beneficial effects can be described by analyzing the structural features or functions of inventions or utility models, explaining theories and proving experiments or experimental data. We should not just assert that the invention or utility model has a good effect, but should compare it with the existing technology. Such as: performance improvement, cost reduction, environmental protection, etc.
(2) The beneficial effects of inventions or utility models in mechanical and electrical fields can be explained by analyzing structural features, functional relationships or theoretical explanations, while the beneficial effects of inventions in chemical fields should be explained by experiments or experimental data.
5. Description of drawings (Section 2.2.5, Chapter 2, Part II of the Review Guide)
Where there are drawings in the specification, the text of the specification shall briefly explain the drawings in the specification before describing the specific implementation of the invention or utility model.
The description of drawings shall meet the following requirements:
(1) The name and contents of the attached drawings shall be briefly described in accordance with the national standards for mechanical drawing.
(2) When there are multiple drawings, all drawings shall be explained in sequence, and each drawing shall be numbered separately.
6. Specific implementation methods (Section 2.2.6, Chapter II, Part II of the review guidelines)
The specific embodiment of an invention or utility model is very important for fully disclosing, understanding and reproducing the invention or utility model and supporting and understanding the claims. This part shall explain in detail the preferred embodiments and examples of the invention or utility model that the applicant considers to be realized, and shall give examples when necessary. If there are drawings in the specification, it shall be explained with reference to the drawings.
When writing a specific embodiment of an invention or utility model, we should pay attention to the following aspects:
(1) Usually, this part describes at least one specific embodiment, so that people in the technical field can realize the invention or utility model according to the described content.
(2) When general technical features (including functional technical features) appear in claims (including independent claims and dependent claims), multiple specific embodiments shall be given in specific embodiments.
(3) In general, it is not necessary to specify the closest prior art or the closest prior art * * *, but the technical features of the invention or utility model that are different from the closest prior art, as well as the technical features that appear in the dependent claims that are not prior art or common sense, should be specified in detail. Especially those essential for the complete disclosure of the invention or utility model, cannot be written by quoting other documents.
(4) For the invention or utility model of a product, the embodiment or example shall describe the mechanical composition, circuit composition or chemical composition of the product, and explain the relationship between the components that make up the product. For movable products, the action process should also be explained when necessary to help understand the technical scheme.
⑤ For the method invention, the steps should be clearly stated, and the process conditions involved can be expressed by different parameters or parameter ranges.
7. Other requirements for the preparation of the instruction manual (Section 2.2.7, Chapter II, Part II of the review guidelines, paragraph 3 of the detailed rules 17)
(1) Using technical terms In the technical field, natural science terms should try to use the unified language stipulated by the state.
(2) When describing the implementation in combination with the attached drawings, reference signs shall be used for description, which shall be consistent with the attached drawings and placed after the names of corresponding parts without brackets.
③ Words with basic meanings in the technical field should not be used to express other meaning beyond its original intention.
④ Technical terms and symbols should be consistent.
⑤ Chinese and foreign languages (such as EPROM, CPU, measurement unit, etc.) should be used. ) can be used in a single word without ambiguity.
⑥ When units of measurement are involved, the national legal units of measurement should be adopted.
⑦ When the commodity name is inevitably used, the model, specification, performance and manufacturing unit should be indicated at the back.
Try to avoid using registered trademarks to identify substances or products.
Pet-name ruby "as stated in the claims.
Attending shall not use commercial advertising language.
8. Attached drawings of the instruction manual (Section 2.2.8, Chapter 2, Part II of the review guide)
The attached drawings are an integral part of the specification, and the description of the text part is supplemented by graphics, which is helpful for ordinary technicians in this field to intuitively and vividly understand the technical features and overall technical scheme of the invention and utility model.
For the appended drawings of inventions and utility models, we should pay attention to the following aspects:
(1) The description of the utility model must be accompanied by attached drawings, and the invention description of the structural products involved in the mechanical, electrical and physical fields should also be accompanied by attached drawings.
(2) When there are multiple drawings in the description of the invention or utility model, they shall be numbered in Arabic numerals, and each drawing shall be numbered. You can draw several pictures on a piece of paper, arrange them in order and separate them clearly from each other.
(3) Drawings should usually be drawn vertically. When the horizontal size of the parts is obviously larger than the vertical size and must be arranged horizontally, the top of the drawing should be placed on the left side of the drawing, and the same method should be adopted for typesetting the same page of drawings.
(4) The reference numerals of the same parts in the previous drawings should be consistent, that is, the same reference numerals should be used, and the same reference numerals should not indicate different parts.
⑤ Reference symbols not mentioned in the specification should not appear in the drawings, and reference symbols appearing in the specification should be indicated in at least one drawing.
⑥ The attached drawings shall be drawn with drawing tools and black ink, and the lines shall be uniform, clear and deep enough, and shall not be colored or altered. The size and clarity of the drawings should ensure that all the details in the drawings can still be clearly distinguished when the drawings are reduced to two thirds.
⑦ The attached drawings shall not contain other notes except necessary words, but necessary words or symbols must be given in the boxes of the attached drawings such as flow charts and block diagrams.
Today, the drawings in the specification are focused on the text part of the specification.
Pet-name ruby generally shall not use photos as the appended drawings.
9. Description summary (Part 2, chapter 2, section 2.4 of the review guidelines)
Abstract is important scientific and technological information related to patent, and the writing of abstract should meet the following requirements:
(1) The abstract of the specification shall indicate the summary of the disclosure of the invention or utility model, that is, the name of the invention or utility model and the technical field to which it belongs, and clearly reflect the technical problems to be solved, the key points of the technical scheme to solve the technical problems and the main uses, in which the key points of the technical scheme are the main ones.
(2) If there are drawings in the specification, a drawing that best illustrates the main points of the technical scheme of the invention or utility model shall be designated and provided as the abstract drawing. The abstract can contain the chemical formula of the invention and is regarded as an abstract diagram.
The abstract should be concise, not segmented.
(4) Commercial advertising terms shall not appear in the abstract.
⑤ The reference symbols in the abstract text should be enclosed in brackets, and the reference symbols appearing in the abstract text should be indicated in the attached drawings.