How to write a patent application
The description of how to write a patent application is as follows: The specification is an important document in the patent application documents, which plays a role in publicizing the technical content of the invention and supporting the scope of protection of the claims. (1) General requirements of the specification A. The content of the invention or utility model should be clearly and accurately stated, so that ordinary professionals in the technical field can make inventions and creations according to the content. No substantial technical requirements shall be concealed in the manual. B in general, it is best to describe the contents of each part in a separate paragraph in the manual. C. maintain the consistency of the text in the manual. Use common nouns and terms in the technical field instead of jargon, unless they have specific meanings as definitions. D. use the international general units of measurement specified by the national metrological department. E. There may be chemical formulas and mathematical formulas in the instructions. The attached drawings of the specification shall be attached to the specification. F commercial advertising language cannot be used in the title and text of the manual. For example: "the latest" and "world famous brand". Can't use inaccurate language. For example: "quite light", "left and right" and so on. It is also not allowed to use nouns named after place names and names. Such as "a tool" and "who is water and sesame sugar". Trademarks, product advertisements, service marks, etc. It is also not allowed to appear in the manual. There is nothing in the manual that slanders or deliberately belittles others or their inventions. G. When foreign technical documents or technical terms are involved without unified translation, the original text shall be indicated after translation. (2) Structure and Contents of Instruction Manual Article 18 of the Detailed Rules for the Implementation of the Patent Law stipulates the contents and writing order of eight parts of the instruction manual. Generally speaking, except the name of the invention or utility model, each part should use at least one natural paragraph, but no serial number and column title are needed. A. the name of the invention or utility model. The name shall be consistent with the name in the request, and express the theme of the invention or utility model concisely and clearly. The name should indicate or reflect whether the invention is a product or a method, such as "integrated circuit gas sealing method" and "a battery charging device". The name should also reflect the purpose or application field of the object of the invention or utility model as far as possible, such as "automobile generator" and "emergency or standby power supply device". For two or more applications for invention or utility model that conform to oneness, they shall be reflected in the name at the same time, such as "semiconductor laser and its production method and equipment used in production". You can't use words that have nothing to do with invention and creation technology, and the number of words should be controlled within 25. The name should be written in the center of the top of the first page of the manual, and the text of the manual should be written in a blank line. B. the technical field to which the invention or utility model belongs. The technical field is the first natural paragraph of the text, which generally explains the technical field to which the invention or utility model belongs or the applicable technical field in one sentence. It is worth noting that the technical fields referred to here are specific technical fields, such as "semiconductor manufacturing" and "hydrocarbons", rather than broad technical fields such as "physics" and "chemistry". The technical field can be written as "What does the invention relate to?" , or "utility model is about". C. existing technology and background technology. In this part, the applicant shall state the existing technologies that are helpful to the understanding, retrieval and examination of the invention or utility model as far as he knows, and quote the documents reflecting these background technologies. Where patent documents are cited, the authorized country, date of publication or announcement, patent number and name shall be indicated; If it is the existing technology of books and periodicals, the name, author, publishing unit, publication date and quoted chapters or page numbers of the books and periodicals shall be clearly stated. These existing technologies should include similar and closest existing technical solutions, that is, existing technical solutions with the same use as the technical solution for patent application and similar technical essence and use effect. In particular, highlight the closest technical scheme, analyze its technical characteristics in detail, objectively point out the existing problems or deficiencies, and explain the reasons for these problems or deficiencies if possible. The historical background and present situation of this technology can also be written in this part. D. Invention or utility model every month. In this part, aiming at the defects of the existing technology, the technical problems to be solved by the invention or utility model are explained. Try to be concise, and don't use advertising language and exaggerated language. The proposed purpose should be the direct result that the proposed technical scheme can actually achieve, and should not be the subjective wish of the inventor. The purpose of the invention (utility model) is to avoid (overcome the shortcomings in the discussion) and provide a kind of? Product (Method) Description Table ". E. the technical scheme of the invention or utility model. In this part, the technical scheme of the invention or utility model should be clearly and concisely written, so that ordinary technicians in the technical field can understand the technical scheme and use the technical scheme to solve the technical problems and achieve the purpose of the invention or utility model. It can be written as "Is the purpose of invention (utility model) achieved by the following measures? "At the beginning of the statement, all the necessary technical features of the invention or utility model are written in terms consistent with the independent claim. Then, in natural paragraphs, the technical features consistent with the additional features of the dependent claims are recorded in uncertain tone. In the case of a simple invention or utility model, it can be described in the embodiment or the accompanying drawings without writing the latter part, but there need to be paragraphs corresponding to the independent claims one by one. F advantages, features or positive effects of the invention or utility model compared with the prior art. This part should clearly and reliably explain the advantages and positive effects of the invention or utility model compared with the existing technology, and explain the defects, deficiencies or main shortcomings of the existing technology. We can compare the performance, cost, efficiency, service life, convenience, safety and reliability of methods or products. The evaluation should be objective and fair, and we should not belittle the existing technology and raise our own inventions. G. description of the drawings. Where drawings are needed to help explain the technical content of the invention-creation, there shall be drawings, and each drawing shall be introduced. First, the numbers and names of the drawings should be briefly explained, such as "Figure 1 is the top view of the invention (utility model)" and "Figure 2 is the sectional view of the invention (utility model) A-A", and then each symbol in the drawings can be explained one by one here, or the invention or invention can be combined with the drawings. H. implementation plan or specific implementation. This part should describe in detail the best way for the applicant to implement the invention or utility model, and take it as a typical example to list the parameters and conditions related to the main points of the invention. When necessary, you can give some typical examples. If there are any drawings, they should be explained with reference to them. The key is to support the proposition and be specific. I. If the application involves microorganisms, the document should also indicate the characteristics, classification and nomenclature of microorganisms, and indicate the Latin name. Generally, several parts of the foregoing specification should be described in separate paragraphs. But for inventions with particularly simple content, paragraphs E, G and H can be combined into one paragraph to elaborate. (3) Common mistakes in instruction writing A. Not writing according to the required eight parts. Beginners can easily bring their original professional habits into the writing of patent documents before they master the correct writing methods. If someone writes an instruction by writing a paper. Generally speaking, writing a thesis is based on theory, supplemented by experimental devices and products, and focuses on establishing a theory, while the patent specification is based on specific technical schemes, and the theoretical explanation is optional. It is also wrong for some people to write patent specifications by writing product specifications. B. incomplete disclosure. The description fully discloses the invention and creation to show that the content of the application is novel, creative and practical. The patent office may decide whether to grant the patent right according to the contents given in the specification. Therefore, the contents disclosed in the specification should support the claims, otherwise, the patent right cannot be granted. Some instructions usually explain the functions of products and methods, but do not disclose substantive technical contents, such as the structure of products, the steps of methods, etc. This is not allowed, and it is also impossible to apply for patents. C. the description does not support the claim. The wording and description of the features used in the claims shall be completely consistent with the specification. Some applicants arbitrarily use multiple words for a feature when writing the specification, which will inevitably lead to the specification not supporting the claim. D. the task and content of the invention do not conform to the principle of oneness. Applicants often ignore the principle of "one invention, one application", and it is easy to write the results of a whole process of scientific research into an application, which is also one of the common mistakes. E. use advertising language, inappropriately belittle the existing technology, and exaggerate one's invention without foundation. In addition, it is not allowed to write many words unrelated to the invention. (4) How to write a good specification Generally speaking, writing a good patent specification should follow the following basic steps: a. Comprehensively study and analyze the invention, determine the technical field of the invention, and deeply understand the essence of the invention. In this process, to accurately determine the technical field of the invention, it is necessary to combine the IPC international patent classification. When analyzing the essence of invention, we should carefully analyze the inventor's "innovation". In the case of product invention, it is necessary to deeply study the static structure, dynamic structure and operation process of the product. If it is a method invention, it is necessary to deeply study its various steps and processes, as well as the process parameters and conditions used in each process. B. Conduct a comprehensive search seriously. Searching well before patent application is the premise for the applicant to write the application documents and get approval smoothly. The retrieval work can be entrusted to the Information Center of Hubei Patent Administration Bureau. The applicant should analyze the retrieval results to determine which materials affect novelty, which materials affect creativity and which materials are only background materials. Key materials should be studied in depth. Determine the closest comparison file. After the retrieval results prove that the invention does not lose its novelty, the most relevant documents should be determined. Especially for the improved invention, the literature of the invention prototype should be deeply and carefully analyzed to clarify its advantages and disadvantages. According to its shortcomings, the task of the invention can be put forward, and the necessary technical characteristics between it and the invention should be determined at the same time. D. define the scope of protection. How to determine an appropriate scope of protection is very important. Too wide, the examiner can't pass, the patent can't be granted, too narrow, and the interests of the inventor can't be fully protected. Therefore, it is necessary to choose a suitable scope of protection, as wide as possible, but it can pass the examination. E. Write in strict accordance with the contents and requirements of the eight parts of the above-mentioned drafting instructions. F check the relationship between the specification and the claim, and the relationship between the specification and the attached drawings. Do a good job in the above aspects, make the specification support the claim, meet the requirements of the words and contents that have been said, and then write a qualified patent specification through specific writing practice.