When you want to use patent application as a means to protect technological innovation, every patent applicant wants his patent application to be authorized as much as possible. Among them, I think the following points are worth noting:
1. Patentability of innovation achievements
The Patent Law stipulates: "Inventions and utility models that are granted patent rights shall be novel, creative and practical." Novelty means that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied by others to the patent administration department in the State Council, which was recorded in the patent application documents published after the filing date. Obviously, in order to make your patent application have a good authorization prospect, you must first meet the patentability.
The so-called novelty, namely:
1) is different from the prior art.
Specifically, the technical fields, technical problems solved, technical schemes used and expected technical effects involved in your innovation results are partially or completely different from the existing technologies.
2) The publicity of the upper concept does not affect the novelty of the lower concept.
For example, the invention of higher fatty acid glyceride (it is the general name of castor oil, peanut oil, mineral oil and other chemicals. , and belongs to the superordinate concept) as the solvent oil component in the emulsion formula of chemical pharmaceutical preparations has been published by others as a patented or non-patented technical document before, which does not affect the novelty of applying for a patent for the development results of other new chemical components (such as olive oil, the superordinate concept) belonging to this kind of chemicals.
3) The publicity of the lower concept affects the novelty of the upper concept.
However, when others publish castor oil and peanut oil (lower concept) as patent applications or non-patent technical documents, you can deny the novelty of your higher fatty glycerides (upper concept) as patent applications based on your invention of olive oil and mineral oil (lower concept).
4) The disclosure of a subordinate concept does not affect the novelty of another subordinate concept.
That is, when others protect castor oil and peanut oil (lower concept) as patent applications or non-patent technical documents, it will not affect your novelty of olive oil and mineral oil (lower concept) as research and development results of patent applications.
The so-called creativity, namely:
1) is not obvious.
The patent law stipulates: "Creativity means that the invention has outstanding substantive characteristics compared with the prior art before the filing date.
The utility model has substantial characteristics and progress. "
The so-called substantive characteristics, that is, your technological innovation can not be the result of logical reasoning on the basis of others' technology, but must be the innovative result that you can't get by reasoning on the basis of the original technology, or you can get tips, but you need to overcome the difficulties in the implementation of innovative research and development through creative labor. It will be creative if the propeller on the plane is used as the research result of submarine power, because although both of them are power machinery, their technical fields, technical problems solved, technical schemes adopted and expected technical effects are different.
2) beneficial technical effects
The term "significant progress" as mentioned in the Patent Law means that the technical scheme of your application for a patent for invention or utility model has significantly improved technical effects compared with the related existing technologies.
The so-called practicality, that is:
It means that your invention can be manufactured industrially and can be completely repeated by industrial means. At the same time, the technical effect produced by your invention is positive, not mainly negative.
2. The quality of patent application documents
After confirming that your technological innovation really has the patentability stipulated in the patent law, the next thing to do is to file a patent application with the State Patent Office in the form of patent application documents.
Patent application documents are the basis for the State Patent Office to examine whether the patent applicant's application conforms to the provisions of the Patent Law and whether the patent right is granted. Therefore, the quality of application documents is closely related to the authorization prospect of patent application.
1) patent application documents.
Patent claim: written according to the requirements of patent writing format, indicating that the applicant hopes to obtain innovative results.
The scope of rights protected by S is the legal basis for judging patent infringement.
S description: including the name, technical fields involved in technological innovation, background technology related to technological innovation and brief introduction.
It consists of the invention content of technological innovation and the specific implementation data of technological innovation, mainly explaining the shortcomings of the invention in the prior art and the specific technical scheme and effect of the invention in overcoming the shortcomings of the prior art. ..
S summary: briefly summarize the main points of your technological innovation.
S drawings: the drawings required for technical innovation are further supplemented as needed.
2) Full disclosure of technical scheme
3) The claim is fully supported by the embodiment.
The Patent Law stipulates: "The right claim shall be based on the specification, indicating the scope of patent protection", that is, the scope of the right you require to protect must be supported by the technical scheme that has been realized in your creative work and fully disclosed in the specific implementation of the invention content and specification; In other words, each of your claims should be fully supported by the data of the technical scheme you disclosed, instead of imagining it out of thin air or arbitrarily exaggerating it when the data is insufficient. Claims can be fully supported by example data, which is also one of the keys to improve the prospect of patent application authorization.
In a word, according to the requirements of the patent law, it is the key to significantly improve the prospect of patent application authorization to accurately, completely and fully express the patentability of technological innovation achievements in patent application documents.