How to write a patent claim for a utility model 10

Utility model patent drafting requirements:

2. Manual: There are many beneficial effects.

Write as many effects as possible. The beneficial effects can be asked to the inventor and asked the inventor to provide it. The beneficial effect is helpful in responding to future office actions, especially in the current office actions, many of which are direct replacements of common means;

If the technical effect of your distinguishing technical features is very different from that of the usual means, it is easy to convince the examiner of novelty. It is also helpful to argue about the invalidity process in the future. After all, utility models have not undergone substantive examination, and the beneficial effects will become a strong protective barrier, which is crucial to the stability of rights.

3. The details in the diagram should be as rich as possible.

It's best to draw each structure visually, not just by rectangles. If the inventor can't draw, you can ask the inventor to take a picture, and then the person will draw it. If the person can't draw, the structure on the ** can be depicted with lines by tracing.

4. The embodiments of the description should be specific and detailed, and the claims should not be copied.

This will facilitate future responses to office actions. When there is really nothing to amend in the claims, the contents of the description can be written into the claims. After all, the examiner will evaluate all claims in the initial office action, but will not evaluate the relevant technical solutions in the specification.

Therefore, the technical solution in the manual is your last resort.

The utility model patent drafting includes claims with multiple subject matter, a description with many beneficial effects of Huai state bonds, and the details in the lead diagram are as rich as possible, and the embodiments of the description should be specific and detailed, and the claims should not be copied. Closed bend.

[Legal basis].

Article 22 of the Patent Law of the People's Republic of China.

Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

Patent: refers to the shape, structure or combination of the product proposed to be suitable for practical new technical solutions. A utility model should be a product patent application. Conditions for granting a utility model patent:

1. Novelty: It means that there is no same invention or utility model that has been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no same invention or utility model that has been applied for by others to the Patent Administration Department and recorded in the patent application documents published after the filing date.

2. Inventive step: refers to the substantial characteristics and progress of the utility model compared with the existing technology before the filing date.

3. Practicability: refers to the utility model that can be manufactured or used, and can produce positive effects. Documents to be submitted for application:

1. The name of the utility model patent;

2. The technical field and background technology to which the utility model patent belongs;

3, accomplish the purpose of the utility model;

4. The technical scheme to achieve the purpose of the utility model: the product utility model requires a detailed description of the structural composition of the product;

5. Drawings (drawings must be required): the structure of the product can be clearly seen, and the connection relationship of each component can be distinguished, but the exploded drawing, section drawing, etc.;

6. a specific embodiment (a specific embodiment of the utility model is completed);

7, the utility model discloses the best effect that can be achieved;

8. If the applicant is a unit, the unit needs to be stamped; If the applicant is an individual, an individual's signature is required;

9. If the applicant is a unit, a copy of the business license is required; If the applicant is an individual, a copy of the personal ID card must be provided;

1. The title of the patent shall be brief and accurate to indicate the title of the subject matter for which the patent application is requested, and shall not contain non-technical words or vague and general words, generally no more than 25 words;

2. The technical field to which the technical solution for protection is claimed shall be the specific technical field to which it belongs or is directly applied;

3. In particular, the background art part should cite the prior art documents that contain the closest utility model patent application. In addition, it is necessary to objectively point out the problems and shortcomings in the background technology, explain the reasons for the existence of such problems and shortcomings, and the difficulties encountered in solving these problems;

4. The technical solution is aimed at the defects and deficiencies existing in the prior art, objectively and groundedly reflects the technical problems to be solved by the utility model, and further explains its effects, clearly and completely describes the technical characteristics of the technical solutions adopted by the invention or utility model to solve its technical problems, and at the same time explains the beneficial effects;

5. If there are drawings, the names of each drawings shall be indicated, and a brief description of the contents of the drawings shall be given. In the case of a large number of parts, it is allowed to use the list of names of specific parts in the drawings to be described in the form of a list;