How should the claims in the patent application documents be expressed?

Paragraph 1 of Article 59 of China's Patent Law stipulates: "The scope of protection of the patent right for invention or utility model shall be subject to the contents of its claim, and the description and drawings may be used to illustrate the contents of the claim." It can be seen that the patent claim is the core part of the patent application document for invention or utility model, and it is also an important legal document to determine the scope of patent protection. In this paper, the author will focus on "how to arrange the claims recorded in the claims reasonably". Determine the name of the subject In general, on the basis of the technical subject provided by the inventor, we can appropriately consider expanding the protection scope of the technical subject to form a more detailed protection network. Specifically, it can be extended from the perspective of parallel theme and extended theme. The so-called parallel theme includes products corresponding to methods and manufacturing/using methods corresponding to products. Extended topics include methods and methods containing methods, products and products containing products. The extension of the theme can cover more nodes in the industrial chain and help the patentee to make better use of patent assets to assist commercial operations. In addition, the invention points are generally not suitable to be reflected in the subject name, otherwise it will easily lead to defects such as unclear demarcation and repeated features; The function or effect should not be reflected in the title of the theme, so as to avoid the problem of insufficient understanding and mastery of the existing technology. In addition, for subject names, you can also use some unusual technical terms to increase the difficulty of competitors' retrieval. List all technical features. On the basis of understanding the technical scheme, a feature tree can be constructed, and the relationship between technical features and technical features can be reflected in the feature tree at the same time. For product patent application, its technical elements are more reflected in the spatial elements. Therefore, when analyzing the technical characteristics, we should pay attention to the components of the product and the relationship between them. For the method patent application, its technical elements are more reflected in the time element. Therefore, when analyzing the technical characteristics, we should pay attention to the composition steps of the method and the relationship between them. Choosing the closest existing technology, determining the technical problems to be solved, and determining the "technical problems to be solved" may affect the protection scope of the claims formed later, which should be paid enough attention to. How to determine the "technical problems to be solved", the author summarizes the following situations: 1. Analyze the technical problems raised by the inventors, and select comparison documents (such as patent specifications, technical data, products, etc.). ) For this technical problem; 2. Search the closest comparison file according to the technical scheme provided by the inventor, and re-determine the technical problems; 3. The retrieved comparison file has solved the technical problem raised by the inventor, but the technical scheme in the comparison file is different from that of the inventor, so the technical problem remains unchanged; 4. The inventor provides technical solutions to help the inventor determine technical problems on the basis of studying technical solutions and existing technologies. Screening the necessary technical features to form an independent claim "Independent Claim" requires an appropriate scope of protection, which should not only consider the needs of authorization, but also safeguard the best interests of the patentee. In practice, the "necessary technical features for solving technical problems" are regarded as necessary technical features, thus forming an independent claim. In addition, the technical features different from the prior art among the necessary technical features can be used as the distinguishing technical features to distinguish the preamble part from the characteristic part. After writing the independent claim, you can conduct self-examination from the perspective of technical problems and technical effects. In short, the technical problems, technical solutions and technical effects in the independent claims should correspond to each other, and unnecessary clauses and restrictions should be deleted as far as possible. Screening additional technical features to form dependent claims When determining dependent claims, the level difference between the technical scheme of independent claims and the technical scheme of dependent claims should not be too large, and the dependent claims corresponding to the intermediate protection scope should be set between independent claims and dependent claims that define specific technical schemes. In addition, the technical features defined in the dependent claims should be implemented on specific products, especially products that are easy to obtain evidence, which is conducive to coping with possible patent infringement lawsuits in the future. According to the relationship between the additional technical features in dependent claims and the necessary technical features in independent claims, dependent claims can be divided into additional and detailed types. For example: 1. A semiconductor structure is characterized by comprising A and b..2. The semiconductor structure according to claim 1 further comprises C. The semiconductor structure of claim 1, in which A includes D and E. The above-mentioned subordinate claim 2 is an additional type, that is, the additional technical feature C is an added technical feature on the basis of the necessary technical features A and B of the independent claim. Subordinate Claim 3 is refined, that is, the additional technical features D and E further define the necessary technical feature A in the independent claim. Therefore, the dependent claims can be laid out from the perspective of addition and refinement. In addition, on the premise of ensuring the integrity and clarity of the technical scheme, the method of single feature limitation is adopted as far as possible. The above examples show that the above-mentioned semiconductor structure can also include G or/and H, that is, the following two dependent claims are added: 4. The semiconductor structure according to claim 1 is characterized by also including G..5. The semiconductor structure according to claim 1 or 4, and also including H. It should be emphasized that the dependent claims should be quoted as independently as possible.