How to write the literature search situation in a patent application, is it to write references

In the Literature Search in a patent application, you need to provide a detailed description of the literature search, including the search strategy used, the database searched, the specific search keywords, etc. This section should clearly describe how you will conduct your literature search so that reviewers can understand and evaluate your search process.

Specifically, you can write about your literature search from the following aspects:

1.Search strategy: Explain how you determined your search terms and what search strategy you used. For example, you might have used keyword combinations, classification numbers, and so on to broaden or narrow your search.

2.Databases: List the names of the databases you are searching, including commercial databases, free databases, or specific databases. You can describe the coverage and characteristics of these databases so that reviewers can understand your search resources.

3.Specific search process: Describe your specific search process in detail, including the search query used, the time range of the search, the steps of the search, etc. This section should be clear and specific so that the examiner can evaluate the effectiveness of your search.

4.Screening and Evaluation: Explain how you screened and evaluated your search results, as well as the criteria and basis you used. For example, you can explain how you can tell that a document is closely related to your invention, or how you can assess the credibility of a document, etc.

When writing a literature search, be careful to use specific language and descriptive terms, and avoid vague or ambiguous wording. At the same time, provide as much information as possible so that examiners can understand and evaluate your search process and results.

Patent application search report. The search report is generally generated before the patent application is approved. The search report refers to the State Intellectual Property Office, according to the request of the patentee or interested party, to search for the relevant utility model patent or design patent, and to analyze and evaluate whether the patent complies with the authorization conditions stipulated in the Patent Law and its implementation rules, and make a local report.

The patent application needs to be reviewed by the patent administration department to see whether it meets the requirements of novelty, inventiveness and practicability. And it cannot be similar to other approved patents, and the relevant conditions can be met before the patent application can be completed.

[Legal basis].

Patent Law of the People's Republic of China Article 26 Where an application for a patent for invention or utility model is made, a request, a description and its abstract and claims shall be submitted. The name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters shall be clearly stated. The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available.

The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection. For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original source of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Patent literature can be searched in the following ways:

1) Paper carrier is the main form of patent literature, but also the main object of retrieval, paper retrieval of the information is generally the least likely to make mistakes, the most evidentiary effect, but its efficiency in the patent retrieval process is low, the cost of time and effort, easy to lose and damage, and because of the long printing and distribution cycle, the latest data retrieval is more difficult.

2) Software retrieval usually includes microfiche patent literature retrieval in microfiche, computer magnetic media and optical disc. Microfiche patent documents have been rapidly developed due to the advantages of small space, high storage density, long storage life, and easy copying. It has become one of the main means of the full text of the patents in the collection, and the magnetic medium mainly includes tape and disk, which has the advantages of high storage accuracy, small size, free loading and unloading, and long-term storage, so it is widely used.

When digital storage technology brought CD-ROMs into the field of literature collection, various forms of patent database CD-ROMs came into being. Optical discs, as an emerging medium, are called"Carriers of future patent documents"。With the development and popularization of computer technology, CD-ROM databases have played an important role in patent search and access to full-text patents.

3) With the development of network technology, online patent resources have been favored by users due to their incomparable data advantages, convenient and fast retrieval, and not limited by time and space, and have become the main way of patent search.

Bibliographic Format: Patent Applicant or Owner. Patent title: patent country, patent number [document type mark].The date of the announcement or the date of publication [cited by].Get and access paths.

Item 4 Bibliographic Items and Bibliographic Format.

This standard stipulates that the reference after the text is set up with required items and optional items. All bibliographic items marked with the word "optional" are selected items for reference, and the rest are required items. This standard specifies the bibliographic items and bibliographic formats of monographs, precipitated documents in monographs, serials, precipitated documents in serials, patent documents and electronic documents.

Item 5 Bibliographic Information Sources.

The bibliographic information source that is referred to at the end of the text is the document itself. Monographs, collections, degrees, scientific and technological reports, patent literature, etc., can be based on the title page, edition record page, cover and other major information sources to describe each bibliographic item;

Correct Answer: The bureau refers to the enlightenment.

1) Number route, mainly through the application number, patent number to search for specific patent documents. It is also possible to search for patent families or identical patents of a specific patent by application number and patent number.

2) The name approach, mainly through the name of the inventor and patentee, to find a specific patent of Tongru.

3) Subject approach, mainly by selecting topic comics to find patents on related technical topics.

4) Classification number route, which searches for patents by the International Patent Classification number of the technical subject matter checked.

Legal analysis: The search report in the patent application is a report made by the patent administration department according to the patent application of the parties, the relevant utility model patent or design patent is searched, and whether the patent meets the authorization conditions stipulated in the Patent Law and its implementation rules.

Legal basis: Patent Law of the People's Republic of China

Article 26 Where an application for a patent for invention or utility model is made, a written request, a description thereof, an abstract and a claim shall be submitted.

Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.

Rule 35 Within three years from the date of filing of an application for a patent for invention, the patent administration department may, at the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39 Where no reason for rejection is found in an application for invention for invention after substantive examination, the patent administration department shall make a decision to grant the right of invention for invention, issue a certificate of invention patent, and register and publish it at the same time. The invention patent right shall take effect from the date of publication.