How to write the patent claims when applying for a patent

The way in which the patent claims in the patent application are written: The scope of the claimed patent protection should be clearly and concisely limited on the basis of the description. The content of the aforesaid description shall include a clear and complete description of the invention or utility model, and if necessary, corresponding drawings or brief explanations shall be attached.

[Legal basis].

Article 26 of the Patent Law of the People's Republic of China.

If the applicant for an invention or utility model patent is within the age of approval, the application shall be submitted in an empty letter with the request, the description and its abstract, and the claims of the locust wheel.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

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.

Article 27.

Where an application for a design patent is made, a written request, a brief description of the design and a brief description of the design shall be submitted.

The patent claims should clearly and concisely indicate the scope of the claimed protection, record the proprietary technical features, and for one of the rights of intellectual property rights, the patent right, the scope and method of exercising the rights need to be explained by the claims. According to China's regulations, the claims are the application documents that must be submitted to apply for invention patents and utility model patents. It is the content of the invention or utility model patent that claims protection, has direct legal effect, is the core of the patent application, and is also an important legal document to determine the scope of patent protection.

It can be seen that the claims are the legal documents used to determine the scope of protection of the patent right for invention or utility model. Whether the subject matter of a patent application falls within the scope of the patentable right, whether the invention-creation claimed for protection is novel, inventive and practical, whether the patent application meets the requirements of unity, and whether the exploitation of others infringes the patent right all depend on the content of the claims, or have a direct relationship with the content of the claims, so the claims are the most important documents in the patent application documents for invention and utility models.

1. Substantive requirementsIn accordance with the provisions of the Patent Law and its implementation rules, the substantive requirements for the drafting of claims are: the claims are based on the description; Clearly and concisely state the scope of the requested protection.

1) If the claims include several claims, they shall be numbered sequentially with Arabic numerals;

2) if there are several claims, the respective dependent claims should be as close as possible to the claims they refer.

3) each claim is only allowed to use a full stop at its end to emphasize that its meaning is an indivisible whole;

4) The scientific and technical terms used in the claims shall be consistent with those used in the description;

5) The claims may have chemical formulas, chemical reaction formulas or mathematical formulas, but there shall be no illustrations;

7) the use of ** is generally not allowed in the claims, unless the use of ** can more clearly state the subject matter claimed by the invention or utility model;

10) When juxtaposition selection is used in the claims, its meaning should be clear;

11) Under normal circumstances, the claims shall not cite the name of a person, a place name, a trade name or a trade name.

1. What are the common mistakes in claim writing?

1. Purely functional extremely advantageous requirements, which is a common mistake of beginners. In general, the product must use structural claims, and the method must use step or conditional claims, and cannot use functional or mixed forms, which is easy to exceed the scope of the description and expand the scope of protection.

2. For general improved inventions, there is no distinction between the preface part and the feature part. The essence is that there is no clear line of demarcation with the prior art.

3. In the claims, there are multiple preamble parts and multiple feature parts, and in this case, the drafting requirements are not clarified. A claim can have only one preamble part and one feature part.

4. There is no reference part and feature part in the dependent claim, or there is an error in the "citation" of the cited part.

1.General requirements of the claims: 1) All new technical features described in the description shall be listed briefly, clearly and completely. Otherwise, the scope of patent protection will be narrowed.

What is not covered in the description cannot be included in the claims, because the scope of the claimed protection must be supported by the description. 2) The technical terms and terms used in the claims of the specification shall be consistent with those in the specification. The claims may have chemical and mathematical formulas, but not illustrations.

Unless absolutely necessary, the description and drawings shall not be cited, i.e., the phrase "as described in the description shall not be usedor ...... as shown in Figure 3Write the claims. For clarity, the claims may refer to the name of the equipment component and the drawing marking. 3) A claim should be expressed in one sentence, with a comma and a pause in the middle, and no semicolon and period.

to emphasize the indivisible singularity and individuality of its meaning. 4) The claims only talk about the technical features of the invention or utility model, and are not allowed to state the purpose and function of the invention or utility model. 5) Claims are further divided into two types: individual claims and dependent claims.

6) An invention or utility model shall have only one separate claim. An invention or utility model patent application that is part of a general invention idea and meets the requirements of a joint application may have more than two separate claims. Each individual claim may have several dependent claims.

Where there are multiple claims, Arabic numerals shall be numbered sequentially. The individual claims should be numbered first, and its dependent claims should be followed.

2.How to write the claims1) The top of the claims does not need to write the name of the invention or utility model, but can directly write the first individual claim, and its dependent claims are arranged in order from top to bottom. If there are two or more separate claims, the respective dependent claims shall be written after each individual claim.

1) Preamble: indicate the title of the subject matter claimed by the invention or utility model and the necessary technical features common to the invention or utility model and the prior art;

2) Feature part: Specify the technical features of the invention or utility model that distinguish it from the prior art, which is the core content of the claim, and this part should be followed by the preamble part, with "its feature is......or similar terminology in conjunction with the above. The preamble and the features jointly define the scope of protection for an invention or utility model.

To sum up the above, the claims of patent rights must generally be written clearly before the application, not only to write the characteristics produced and the characteristics of the generation, but also to write in accordance with the provisions of the law, only when the requirements and the product are consistent so that you can get your own rights.