Among them, the title part should not exceed 500 letters and should be placed at the beginning of the first page of the manual. New and improved descriptive words should not be used in the title, and the first word should not be articles such as A, an and The. If the title is inappropriate, the examiner may ask the applicant to modify it or modify it by himself.
Among them, in the cross-reference part, if the application is related to another earlier application, such as claiming its priority, or dividing it into da, continuous case ca, etc. In this part, this application can be introduced in the form of recording the application number and application date of related applications for the reference of examiners. Generally speaking, this method can be applied to introduce the contents of related applications into the application, regardless of the language. However, based on 37 cfr 1.57, it seems that the relevant application is required to be an application filed by the United States in at least English. Because there is no specific practice related to this, there is doubt here. It should be noted that if the citation only describes the relationship between this application and related applications, the filing date of this application can only be related to related applications, and its contents cannot be introduced. It is necessary to add the phrase "incorporated by reference" to introduce the contents of the related application. In addition to patents, papers and other materials can also be introduced into this application, but usually the descriptions of references in papers are placed in the detailed description of the invention. For example, the disclosure of this theory is incorporated herein by reference.
In the background part, it is necessary to describe the field (technical field) and related technologies. In order to avoid additional restrictions on this application, background art should avoid detailed or excessive description of the prior art.. Usually, this part is just a few sentences.
In the abstract part, the abstract must record the application theme in the claim, and also record the technical problems, working principle and purpose to be solved in the application. In order to avoid complications, it is usually enough to copy the corresponding rights or just copy the exclusive rights. In American patent practice, it is usually enough to copy only the content corresponding to the exclusive right. The reason lies in the mutual restriction between summary and proposition. For example, in the litigation of American patents. No.5,064,244, cafc thinks that the abstract describes that the control is located in the console, but the claim does not describe this feature, which makes the related claim invalid.
In the writing form of abstract, in order to avoid describing unnecessary technical features, descriptions such as those included in the present invention are not used, but are used according to one aspect of the present disclosure or in some embodiments of the present disclosure. At the same time, the abstract should use a positive description of what features this disclosure has, rather than a negative description of what features this disclosure does not have, which is basically consistent with China's patent requirements.
Brief description of the drawings, there is no such part without drawings. If there are drawings, this part needs to be described one by one according to the corresponding drawing numbers, such as 1A, etc. It should be noted that, similar to the overview, there should not be a description that figure 1a is a front view of the present invention, which will lead to the claim defined by the present invention corresponding to the content of figure 1a, but should be written that figure 1a is a xx figure according to one embodiment of the present invention.
In the detailed part, the precautions are generally similar to the summary. It should be noted that, similar to China, as many implementation descriptions as possible should be provided to support the features of the claims. At the same time, words with certain, final and inevitable tone should be avoided in this part. In addition, it is particularly important to note that the use of then should be avoided to avoid excessively limiting the execution order of method steps.
In the claim part, unlike the patent claim and specification in China, in the United States patent application, the claim is a part of the specification and is located at the end of the specification. There may be step marks (1), (2), etc. for multiple steps of the method claim, and this marking method does not constitute a restriction on the sequence of steps. In the claims, labels should not be used in descriptions involving parts, etc., because the use of labels in American patent litigation may lead to the limitation of the rights of the embodiment in which the labels appear.
As for the citation of rights, there is a 3/20 rule (there are three exclusive rights and the total amount of them is not more than 20 rights, which will not lead to the cost of exceeding the time limit), so an alternative citation that only quotes one right should be adopted.
In the abstract, it should be within 150 words and not more than 15 lines. There should be no words indicating, expressing, including and other patent-specific fields in this part, and there should be no suggestive description, but this restriction has no specific effect.
In the attached drawings, the U.S. patent allows the use of color pictures, but it is limited to a few types of situations such as electrophoresis and tissue imaging (consistent with China) and requires an extra fee, so the black-and-white schema should be used as much as possible.