How to fill in the technical field?

Question 1: How to understand "technical personnel in technical field" and "technical personnel in technical field", also known as technical personnel in this field, is a very important concept introduced in the patent law. Does not exist in real life, is a fictional person. In the patent law, "technical personnel in this field" is regarded as the subject of judging "creativity". In addition, this concept is also applied to the judgment of several other problems. For example, it is also used to judge whether the patent specification is "open and sufficient" and whether a patent is equivalent to infringement. Therefore, it is necessary to have a correct understanding of "ordinary technicians in this field". I. Meaning of "technical personnel in technical field" In the examination guide revised by China Patent Office 1993, "technical personnel in technical field" is defined as: "A technical personnel in technical field is different from an examiner, and he is a fictional person. He knows all the existing technologies in the technical field to which the invention belongs, and has the general knowledge and ability of ordinary technicians in this technical field. His knowledge changes with time. " In the above provisions, "technical personnel in the technical field" is defined as "people who know all the existing technologies in the technical field to which the invention belongs". In the popular words of examiners at that time, "ordinary technicians in this field" knew all the existing technologies before the filing date. At the end of 1990s, there was an invention patent application named "Four-stroke reciprocating piston cylinder series internal combustion engine", which involved a new type of internal combustion engine ―― changing the traditional parallel cylinder into series cylinder. The description of the technical scheme in the manual is extremely simple, which only explains the advantages of using series cylinders in the internal combustion engine, but does not explain the difference between the rest of the internal combustion engine and the traditional parallel cylinder internal combustion engine. The attached drawing is only a very simple schematic diagram. In the process of substantive examination of the patent application, the substantive examiner rejected the application on the grounds of "lack of publicity", thinking that the new cylinder arrangement of cylinder series will inevitably bring some structural changes to other parts of this internal combustion engine, such as the steam distribution design of the engine, and the applicant should explain these specific technical contents in the specification. After receiving the rejection decision, the applicant shall file a request for reexamination with the Patent Reexamination Board. After examination, the Patent Reexamination Board upheld the original rejection decision. The applicant refuses to accept the reexamination decision made by the Patent Reexamination Board and brings an administrative lawsuit to the people's court. During the trial in the people's court, the applicant provided a newly retrieved patent document, which proved that technicians could solve the design problem of the steam distribution system of the machine by using the existing technology, so there was no problem of insufficient disclosure of the manual. After trial, the court of first instance held that because the contents of "insufficient publicity" identified by the Patent Reexamination Board had been recorded in the existing technology before its application date, ordinary technicians in this field could completely use this technology to realize the invention, and there was no problem of "insufficient publicity". Accordingly, the people's court revoked the rejection decision of the Patent Reexamination Board. The crux of the problem lies in the fact that what the applicant later submitted to the people's court was the patent document published before the filing date. Does the content recorded in this document belong to what ordinary people in the field should know? Or can the patent documents published before the application date be used as the basis for "full disclosure"? The subject to judge whether the instructions are fully disclosed should be "technical personnel in their technical fields". According to the definition of "technician" in the above review guide, technicians in their technical fields should "know" all the existing technologies before the application date. In this case, although the applicant did not explicitly write the relevant steam distribution problem in the specification, the solution to the steam distribution problem has been made public in the prior art, which should belong to the content that "technicians in the technical field" should know. Now that we know, we don't have to make it public. Therefore, there is no problem of "insufficient disclosure" in the present invention. This may be the basic basis for the people's court to make a judgment. If the above results are recognized, then any patent application only needs to write those technical contents that are not recorded in the existing technology in its specification, or when describing an invention, all the contents contained in the existing technology disclosed before the application date can be omitted from the patent specification, and it is conceivable how ridiculous the consequences will be. Article 26 of the Patent Law clearly stipulates: "The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field." In this regard, the review guide explains: "The technology it belongs to ... >>"

Question 2: How to write the technical field of utility model patent? Hello, the technical field in the application document is not designated by the state, but written by the applicant according to his own technical scheme.

The Patent Application Examination Guide stipulates that:

The technical field of the invention or utility model should be the specific technical field to which the technical scheme of the claimed invention or utility model belongs or is directly applied, not the superior or adjacent technical field, nor the invention or utility model itself.

This particular technical field is often related to the lowest possible position of an invention or utility model in the international patent classification table. For example, an invention about an excavator cantilever is improved by changing the rectangular cantilever section in the background technology into an elliptical section. Its technical field can be written as "the invention relates to an excavator, in particular to an excavator cantilever" (specific technical field), but it is not suitable to be written as "the invention relates to a construction machine" (upper technical field) or "the invention relates to an elliptical section of an excavator cantilever" (the invention itself).

Specific to your application, you can write like this:

The invention relates to the field of article storage equipment, in particular to a three-dimensional storage device.

Generally speaking, the review of the technical field is not very strict, as long as it does not obviously deviate from the content of the invention or utility model.

Personal opinion, for reference only, I hope it will help you ~

Question 3: Description that the product (service) belongs to the scope stipulated by the national key high-tech field.

I. Electronic information technology

Second, biology and new medical technology.

Third, space technology.

Fourth, new materials and new technologies.

Verb (abbreviation of verb) high-tech service industry

Vi. new energy and energy-saving technologies

Seven, resources and environmental technology

Eight, high-tech transformation of traditional industries

I. Electronic information technology

(1) software

1, system software

2. Support software

3. Middleware software

4. Embedded software

5, computer aided engineering management software

6, Chinese and multilingual processing software

7, graphics and image software

8, financial information software

9. Geographic Information System

10, e-commerce software

1 1, e-government software

12, enterprise management software

(2) Microelectronics technology

1, integrated circuit design technology

2, integrated circuit product design technology

3. Integrated circuit packaging technology

4, integrated circuit testing technology

5, integrated circuit chip manufacturing technology

6. Integrated photoelectric device technology

(3) Computer and network technology

1, Computer and Terminal Technology

2. Various computer peripheral technologies

3. Network technology

4. Integrated system of spatial information acquisition and comprehensive application.

5. Industrial enterprise information application system.

6. Sensor network nodes, software and systems

(4) Communication technology

1, optical transmission technology

2, small access equipment technology

3. Wireless access technology

4. Supporting technology of mobile communication system

5. Softswitch and VoIP system

6. Business operation support management system

7, telecom network value-added service application system

(5) Radio and TV technology

1, studio equipment technology

2. Interactive information processing system

Server system technology that can realize interactive control.

3. Information protection system

System technology that can realize the overall copyright protection of various information media.

4. Digital terrestrial television technology

5. Terrestrial wireless digital radio and television technology

6, professional audio and video information processing system

7, light emission, receiving technology

8, radio and television automation technology

9. Integrated network operation management system

10, IPTV technology

1 1, a high-end personal media information service platform.

* Except for integrated production projects adopting OEM or CKD methods.

(vi) New electronic components

1, semiconductor light-emitting technology

2. Chip and integrated passive component technology

3. Chip semiconductor device technology

4, high-grade mechanical and electrical components technology

(vii) Information security technology

1, safety evaluation class

2, safety management class

3. Security application classes

4. Basic safety courses

5. Network security category

6, special security class

(VIII) Intelligent Transportation Technology

Advanced traffic management and control technology

2, traffic basic information acquisition and processing equipment and related software technology.

3. Advanced public transport management equipment and system technology.

4. Vehicle-mounted electronic equipment and system technology

Second, biology and new medical technology.

(1) Pharmaceutical Biotechnology

1, new vaccine

2. Genetically engineered drugs

3. Gene therapy for major diseases

4. Monoclonal antibody series products and detection reagents

5. protein/polypeptide/nucleic acid drugs

6. Biochip

7. Biotechnology processing of natural medicines

8. Biological separation, devices, reagents and related detection reagents

9. New biotechnology

(2) Traditional Chinese Medicine and Natural Medicine

1, innovative drugs

2. Development of new varieties of traditional Chinese medicine.

3. Sustainable utilization of traditional Chinese medicine resources

(3) Chemical drugs

1, innovative drugs

2. Drugs for cardiovascular and cerebrovascular diseases

3. Antitumor drugs

4, anti-infective drugs (including anti-bacteria, anti-fungi, anti-insect drugs, etc.). )

5. Drugs for senile diseases

6, mental nervous system drugs

7. Family planning drugs

8, major infectious diseases treatment drugs

9, drugs for the treatment of metabolic syndrome

10, orphan drugs and diagnostic drugs

1 1, chiral drugs and drugs and drug intermediates with great technological innovation.

(four) new dosage forms and preparation technology

1, Sustained-release, Controlled-release and Quick-release Preparation Technology-Solid, Liquid and ...

Question 4: How to define technology as a technology field supported by the state? 20 16129 October, the Ministry of science and technology, the Ministry of Finance and State Taxation Administration of The People's Republic of China of the People's Republic of China issued a notice on the revision and issuance of the Administrative Measures for the Accreditation of High-tech Enterprises (20 16). Its annexes are high-tech fields supported by the state and can be defined according to this catalogue.

Question 5: What do you mean in the patent application? The patent examination guide in this technical field requires:

(1) Technical field: indicate the technical field to which the technical scheme to be protected belongs;

(2) background technology: statement understanding, retrieval,

Review useful background technology; Possibly, the quotation also reflects these background technologies.

Documents;

(3) Contents of the invention or utility model: indicate the location of the invention or utility model.

Technical problems to be solved and technical solutions to solve technical problems

According to the existing technology, state the beneficial effects of the invention or utility model;

(4) Description of drawings: If there are drawings in the specification, please give a brief description of each drawing.

Description;

(5) Specific mode: explain in detail that the applicant believes that the invention has been realized or

Preferred mode of utility model; If necessary, give examples; If there are any drawings, please refer to.

Illustration.

Question 6: What scientific and technological field does it belong to and how to fill it in? What is the content of the project?

Question 7: What is the technical field of Zhongchuang Space? Taking Tencent Zhongchuang Space as an example, there are clear entrepreneurial projects, which are in line with the national industrial and technical policies, with strong operability, certain technical content and innovation, and good market prospects, which are expected to form emerging industries. Science-based and innovative modern enterprises mainly engaged in electronic technology, information technology, software development, mechatronics, engineering design, art design, animation creativity, film and television production, cultural communication and other formats; There are clear entrepreneurial projects, which are in line with the national industrial and technical policies, have strong operability, certain technical content and innovation, have good market prospects, and are expected to form emerging industries.

Question 8: What is the technical field in the patent application? The technical field of the invention or utility model should be the specific technical field to which the technical scheme of the claimed invention or utility model belongs or is directly applicable, not its superior or adjacent technical field, nor the inventor's utility model itself. This specific technical field is often related to the lowest position of the inventor's utility model in the international patent classification table.

Question 9: When applying for a patent, you should write the technical field. Which technical field does this plastic product belong to? References: technical field [000 1] The present invention (or utility model) relates to a mop (such as a plastic product), in particular to a mop.

Next is the background technology [0002], the invention content [0003] and so on. . . . . . .