How to write a patent application

Writing patent claims is the most concerned issue for everyone who wants to submit patent application documents himself. Because the patent claim is the core part of the whole patent application document, it is the document that the applicant requests the state to protect his invention and creation and delimit the scope of protection. Once submitted, it is generally not allowed to expand the scope of protection, and the utility model patent usually has no chance to be changed. After approval, it has legal effect. Therefore, it is very important to write a high-quality claim, which is directly related to the interests of the applicant. The general claims of claims can be divided into independent claims and subordinate claims. An independent claim shall reflect the main technical content of the invention or utility model as a whole, including all necessary technical features, and can exist independently. The collection of its technical features is the maximum scope of patent protection. As long as the products produced by the third party do not use any of these technical features, it will not constitute patent infringement, so don't write any unnecessary technical features in the independent claim, otherwise it will not constitute infringement; At the same time, don't write the claims (especially the utility model patent claims) too broadly, which will make their rights unstable and easy to be invalid. After the new law is revised, it will encounter the defense of known technology. Dependent claims refer to all technical features of independent claims or several claims, and include some new technical features. The dependent claim must follow the independent claim or the previous dependent claim. Each independent claim can have several dependent claims. Where there are multiple claims, Arabic numerals shall be used for numbering. When numbering, independent claims should be ranked first, followed by their subordinate claims. The writing method of the claim is 1. The independent claim is written in two parts: the first part is the preface: the name of the subject to be protected by the invention or utility model, the necessary technical characteristics and existing technology of the invention or utility model; 2. Characteristic part: It is the core content of the claim to state the technical characteristics that distinguish the invention or utility model from the existing technology. This part should be related to the above content with the words "characterized by" or similar words after the preface. Both the preamble and the characteristic part define the protection scope of the invention or utility model. 2. Dependent claims are also written in two parts: one part is the citation part, indicating the cited claim number and the subject name of the invention or utility model. For example: "According to the claim1………"; Second, the defining part: stating the additional technical features of the invention or utility model is a supplement to the independent claim and further defines the technical features of the cited part. It should also be linked with "characterized by ...". Generally speaking, the dependent claims should supplement and improve the technical features of this patent from multiple angles as much as possible. 3. Common mistakes in writing claims A. Pure functional claims are common mistakes for beginners. In general, products must use structured technical features to write claims, methods must use step-by-step or conditional claims, and functional or mixed claims cannot be used. This kind of writing is easy to go beyond the scope of the manual and expand the scope of protection. B for general improved inventions, no distinction is made between the preamble and the characteristic part; The essence is that there is no clear boundary with the existing technology. C. use inaccurate and unclear words. Such as "and so on", "high", "strong", "weak", "good performance", "certain thickness" and so on. D the independent claim has multiple prefaces and multiple characteristic parts. In this case, the writing requirements are not clear. An independent claim can only have a preface and a characteristic part. E there is no reference part and characteristic part in the dependent claim, or the "citation" of the reference part is wrong. F the claim is not supported by the specification. That is, the technical features written in the claims have no corresponding written records in the specification, or there is no clear and complete explanation. 4. General skills for writing patent claims A. Detailed analysis of inventions or utility models. Firstly, the technical scheme and all technical features are thoroughly analyzed, including product invention or method invention. The utility model can only be product invention, determine the technical field, study the technical scheme and analyze the technical features. B. Do a good job in retrieval or novelty retrieval, especially when applying for a patent for invention, and check whether the same invention-creation already exists. C. Carefully study the technology of the product itself, use the thinking of R&D personnel to find out the unique technical features as much as possible, and locate each technical feature in different claims after analysis and comparison. D. Repeatedly compare and brew different technical schemes, and choose the better technical scheme, and the same invention may write different claims. Multi-writing scheme is beneficial to determine a correct and reasonable scheme in the process of repeated comparison. Finally, it is particularly important for the first author to compare the explicit claim with the written specification and carefully check the relationship between them. E. It is best for patent agents to have rich R&D experience in writing patent claims, and make application strategies of defensive claims or offensive claims in the claims, so that the independent claims of patents are not easy to be broken, with strong stability and wide protection scope. Because the writing of patent documents, especially patent claims, is very skillful, it is best to entrust a patent agent with R&D ideas to help complete a good technical scheme, otherwise it is very likely to make mistakes in writing patent documents by himself; However, the inventor himself has not been tempered by enough cases, and some technicians are prone to preconceived prejudice that it is difficult to see the true face of Lushan Mountain. Therefore, even if the application fee, annual fee and other expenses are spent, the invention and creation are provided to the society free of charge, and the opportunity to apply for a patent for the technical scheme is lost! We are Yantai Haoran Trademark Patent Office, with a group of professionals who have worked in the field of intellectual property for many years, with high quality, strong sense of responsibility and pioneering spirit, specializing in patent application, writing patent applications and protecting your intellectual property rights!