According to the new version of the European Patent Treaty, when filing a patent application in Europe, the number of claims will generate a claim surcharge. At the same time, the identification requirements for filing patent applications in Europe no longer only include patent claims. Therefore, when filing a patent application, the first filed claim shall prevail. Where an international patent application submitted through the Patent Cooperation Treaty (PCT) enters the European stage, the patent claim submitted at the time of entry or after entry shall prevail. In April, 2002, after 1 and 2065438, the claim surcharge stipulated that the cost of each claim after 15 was 225 euros, and the cost of each claim after 50 claims was 555 euros. If the number of claims is 18, and the number of claims exceeding 15 is 3, a claim surcharge of 675 euros will be generated. Therefore, considering the cost, it is suggested to limit the number of claims to 15, or try to limit the number of claims exceeding 15 to save costs.
It should be pointed out that according to the new rules, the original claims that limit the number of claims can be attached to the end of the specification. This can not only save costs, but also serve as the basis for subsequent modifications as needed. At the same time, if all the contents of the claim are written in the "Summary of Invention" section and briefly explained, it is unnecessary to attach the claim to the specification. In addition, when the PCT international patent application enters the European stage, multiple claims can be summarized in one claim in the form of "priority", thus reducing the number of claims.
2. One claim category corresponds to 1 independent claim.
Categories of claims refer to the equipment, systems, products, methods and categories used.
The new version of the European Patent Treaty stipulates that "only when the subject matter of the application belongs to one of the following items can the patent application submitted to Europe include more than two independent claims belonging to the same category.
(1) Multiple related products.
(2) Different uses of products or devices.
(3) Alternative solutions to specific problems. However, it is inappropriate to include these alternative solutions in one claim. "
In addition, the related products mentioned in (1) refer to, for example, plugs and sockets, messengers and receivers, intermediate products and final chemical products. (2) The so-called different uses of products or devices refer to the different medical uses of known substances. Alternative solutions to specific problems mentioned in (3) refer to, for example, new combinations of chemical substances or various manufacturing methods of such chemical substances. In addition, the following example also corresponds to the situation in (3): There are two implementations with the same function in the present invention. The first case is that one of the paired elements moves relative to the static other element, and the second case is that the other element moves relative to the static one. These two solutions cannot be recorded in one claim.
It should be noted that this provision can also be applied when recognizing the uniqueness of the present invention in this application.
Except for the above exceptions, according to the new rules, the number of independent claims corresponding to each claim category is limited to 1. If each claim category corresponds to more than two independent claims, you will be notified based on the new rules. Therefore, either the search object is limited to 1 independent claim, or the above exception should be applied, so as to refute it.
Third, the uniqueness of the invention
When a category includes multiple independent claims, the patent application is often rejected due to the lack of oneness, which is most common in combined applications requiring multiple priorities. In addition, the first item of the independent claim will also cause the problem of invention singularity when it lacks novelty or creativity. On the other hand, in the PCT international patent application entering the European stage, only the inventions involved in the original claim are searched and examined, and the inventions with supplementary rights that have not been retrieved can only be applied separately.
According to the new rules, when multiple priorities are claimed, whether a patent application is submitted directly to Europe or a PCT international patent application enters the European stage, the most important invention claim needs to be written in front of the claim.
Four. Reference symbol
According to the new rules, in patent applications with drawings, the writing of reference marks should help to understand the claims, and the claims should be bracketed.
In the claims of applicants outside Europe, reference signs are usually not included. Therefore, although European patent agents can supplement the appended drawings in the final stage of filing a patent application, that is, the stage when the novelty and creativity of the invention are recognized, this work is time-consuming and laborious. Therefore, if possible, patent agents can consider adding reference symbols when writing claims, thus saving patent agents' time and reducing agency fees, because many patent agents in Europe calculate agency fees on a time basis.
Verb (abbreviation of verb) multiple dependent claims
In declarations, you can write subordinate declarations that are subordinate to multiple declarations. Therefore, it is suggested to write subordinate claims subordinate to multiple claims as much as possible.
According to the new rules, the total number of creditor's rights can be reduced and the extra cost of creditor's rights can be reduced by compiling subordinate creditor's rights subordinate to multiple creditor's rights. At the same time, it should be noted that in Europe, the conditions for amending claims are very strict. Therefore, through a plurality of dependent claims, the right can be claimed more easily.
Functional restrictions in intransitive verb claims
In order to provide the maximum scope of protection, it is suggested to use functional restrictions in the claims. For example, expressions with limited functions such as "method/device/unit for opening doors" are used.
Seven. Clarity of claims
According to the new rules, claims will be rejected if they contain unclear and unspecified terms. Therefore, the words "substantial, basic, approximate and extraordinary" should be avoided in the claims; Avoid defining by comparison; Avoid using ambiguous terms and so on.
Eight. Modification of claims
Every revision of the claims must be based on the "clear and unquestionable" disclosure of the original application documents. Because the rules of the European Patent Office are extremely strict, the modification that violates the rules will often lead to the revocation of the patent in objection.
In addition, all amendments must be filed with the European Patent Office in detail. Violation of this rule will be rejected by the European Patent Office.
Therefore, in order to save time and the expenses of patent agents, it is necessary to inform the European patent agents of the detailed basis for each modification.