The preface shall specify the name of the invention or utility model and the necessary technical features of the technical scheme of the invention or utility model and the closest existing technology; In the feature part, "characterized by" or similar words should be used to indicate the technical features of the invention or utility model that are different from the nearest existing technology.
Preface features and features jointly define the scope of protection of the patent right of invention or utility model.
The dependent claims shall further define the cited claims with additional technical features. Additional technical features may be technical features that further define the technical features of the cited claims, or may be additional technical features.
Dependent claims should also be composed of two parts, namely, the reference part and the characteristic part.
The reference part shall indicate the number of the cited claim and the name of the invention or utility model; The characteristic part shall indicate the technical characteristics of the technical scheme protected by the subordinate claims on the basis of quoting the claims.
The technical features contained in the dependent claim include not only the technical features attached to it, but also all the technical features of the claims to which it belongs. Therefore, the scope of protection determined by the dependent claims must be smaller than the claims to which they belong.
Extended data
Inventions can be divided into service inventions and non-service inventions according to whether they are the results of personal performance of duties. Of course, the relevant rights of non-service inventions belong to the inventor himself. Among the claims in the patent application, the invention or utility model defined in the independent claim has the widest scope of protection.
Different countries have adopted different legislative strategies for the ownership of service inventions, some of which belong to individual employees (called "inventor doctrine" or "employee doctrine"), and some belong to companies or other units that give instructions or arrange work for inventions (called "employee doctrine").
China's patent law defines the invention-creation that completes the company's tasks or mainly uses the company's material conditions as service invention-creation, and stipulates that its rights belong to the employer. At the same time, China's patent law requires employers to reward and pay remuneration to individuals who make inventions and creations under certain conditions.
In a patent application, if there is only one claim, the claim is independent. However, if two claims are related and meet the requirements of a single inventive concept, a claim that is not subordinate to other claims is also called an independent claim and can be included in a patent application. This is the case, for example, with cutting machines and special tools for cutting.
The invention protected by the dependent claim is the same as that protected by the independent claim, but the reflection is more specific. Dependent claims can be subordinate to independent claims or subordinate to the preceding dependent claims. The contents of subordinate claims generally include the aforementioned claims cited by them and the contents that need further explanation.
References:
Baidu Encyclopedia Independent Advocacy
Baidu encyclopedia patent law
Baidu Encyclopedia Subordinate Claims