Patent application form template

Patent style = expository+argumentative+legal document

(1) Description text

Explanatory text: explain things objectively, mainly by explaining or introducing their shapes, properties, causes, structures, functions, categories, physical meanings, characteristics and evolution.

Requirements: speak clearly, understand clearly, highlight characteristics, reveal the essence and be clear. Explanatory text mainly introduces and explains objective things or things, emphasizing scientificity and objectivity. Explanatory text takes objectivity and accuracy as its basic requirement, and generally does not indicate the author's emotional tendency. It is required that the explanatory object be clear and can grasp the characteristics of the explanatory object; Explain the characteristics of the object; The language is required to be accurate, concise and plain.

1. Grasp the characteristics of the described object.

What are the characteristics of things? Characteristics are the signs and symbols that distinguish one thing from other things, that is, the unique personality of the thing. Often manifested in two aspects: first, explicit features, such as color, texture, spatial position, shape, temperature and so on. ; Second, hidden characteristics, such as causes, principles, changing process, internal structure, habits, performance, style and so on.

When necessary, you can also do experiments to accurately and comprehensively grasp the characteristics of things.

2. Reasonably arrange the explanation sequence.

There are three interpretation orders: chronological order, spatial order and logical order. Reasonable arrangement of interpretation order, first, we should consider the structural characteristics of the things to be explained (up and down, left and right, the composition of internal and external parts) and the internal logical relationship of things; Second, we should consider the general order of people's understanding of things (from shallow to deep, from individual to general, from concrete to abstract, etc.). ); Third, we should consider the relationship between the explanation center and the materials.

3. Appropriate interpretation methods should be adopted.

Proper explanation can make things clearer and easier for readers to understand. Common explanation methods include: example, classification, analogy, enumerating data, comparison, definition, explanation, imitation, drawing charts and so on.

4. The language should be accurate, concise and fluent.

argumentative writing

Argumentative elements: arguments, arguments and arguments

1. Argument: It is the author's views and opinions on the issues discussed.

2. Argument: It is the material to prove the argument.

(1) factual arguments: including representative and conclusive cases, historical facts and statistical data. When clarifying the argument, we should pay special attention to the summarized facts.

(2) Reasoning arguments: refers to incisive theories, famous sayings and aphorisms, folk proverbs and recognized facts that have been tested by practice.

The argument must be typical and representative. The statement of the argument should be concise and to the point, and only the content related to the argument needs to be expressed.

3. Argumentation: It is the process and method of using arguments to prove arguments.

(1) Illustration: Enhance the persuasiveness of the article.

(2) Argument: Strong authority.

(3) Metaphorical argument: Truth can be popularized and easily accepted.

(4) Comparative demonstration: clear right and wrong, clear right and wrong, impressive.

In addition, the basic types of argumentation: argumentation and refutation. Argument is discussed from the front, and rebuttal is discussed from the opposite side. Patent applications only have arguments. And the basic structural level of argument: syllogism structure. Put forward the problem (what is it) → analyze the problem (why) → solve the problem (how to do it), that is, introduction-theory-conclusion.

(3) Legal documents

That is to say, patent claims, like legal provisions, are a radish and a pit. When someone infringes your patent, it depends on whether he meets the relevant terms. If they are exactly the same, your patent has been infringed.

2. Who is the patent applicant of the unit teacher?

A patent applicant is a person who applies to the Patent Office for a patent for invention.

Generally speaking, the inventor, designer and patent applicant are the same person. However, in the following cases, the applicant for a patent is not an inventor or designer:

(1) Where another person obtains the right to apply for a patent for invention-creation from the inventor or designer through a contract and applies for a patent. It should be noted that if an inventor or designer transfers his patent application right after filing a patent application, he shall submit the transfer contract to the Patent Office for the record, and the contract shall take effect after being registered by the Patent Office.

(2) The successor of an invention-creation obtains the right to apply for a patent for an invention-creation through inheritance. To inherit the patent right being applied for, a request must be made to the Patent Office to change the applicant.

(3) The law directly grants the right to apply for a patent to someone other than the inventor or designer. The applicant for service invention-creation is the unit where the inventor or designer works.

The applicant can be a unit or a natural person.

A. An invention, utility model or design completed by an inventor or designer according to the requirements of an enterprise or using the resources (equipment and funds) of the enterprise belongs to a service invention design, and the applicant is an enterprise, unless otherwise agreed.

B the inventor or designer uses his own resources (equipment and funds) to complete the invention, utility model or design. If the applicant is an individual, the designer may voluntarily assign the rights of the applicant to others or other enterprises, unless otherwise agreed.

Third, the patent matters needing attention

After obtaining the patent right, the patentee shall pay attention to the following matters:

The patentee shall pay the annual fee on time every year. Failure to pay the annual fee as required will lead to the early termination of the patent right;

Where the patentee transfers the patent right, it shall conclude a written transfer contract and register it with China National Intellectual Property Administration, and the transfer of the patent right shall take effect from the date of registration;

Where the patentee or other obligee licenses others to exploit his patent, he shall conclude a written license contract and file it in China National Intellectual Property Administration within 3 months from the date of entry into force;

The patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product;

Where the patentee or other obligee pledges his patent right, he shall conclude a written contract and register the pledge with China National Intellectual Property Administration. The pledge contract shall take effect from the date of registration.

legal ground

patent law of the people's republic of china

Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.

The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.