Writing skills of patent examples
Tools/raw materials
Electronic patent application client
Mail mailing
Methods/steps
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Patent documents include: claims, abstract, abstract drawings, specification and specification drawings.
The manual is the main part, and my own creative ideas and usage methods of the product are written here, including: technical field, background technology, invention content, etc. It is suggested to refer to the article layout of successful patent literature, imitate and write your own patent, and search for "China National Intellectual Property Administration" in patent search to find it.
Writing skills of patent examples
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Patent claims are established by the specification, and good patent claims can protect their own patents to the maximum extent. The writing of this part has clear legal terms and legal format. If you need to write your own patent because of the title evaluation, the purpose is not to protect the invention. You can refer to the existing patent writing, write as little rights as possible, and increase the chances of passing. If it is to protect the invention, it is suggested to find a special institution to write it; If you want to protect the invention, but don't want to find an agent, it is recommended to know the relevant legal requirements of the patent law and find this system.
Writing skills of patent examples
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Abstract is the essence of manual. Write clearly the significance and purpose of the invention and summarize the main contents of the invention. You can understand the content of the invention by reading the abstract. This part is easy to write, and you can learn more about the writing of some successful patent documents.
Writing skills of patent examples
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Summary diagram and explanatory diagram. The attached drawings generally come from the attached drawings of the instruction manual, and the attached drawings should reflect their own invention contents as detailed as possible, and the more detailed the better, and the number of each part or step needs to be marked on the attached drawings, so as to facilitate the writing of the instruction manual.
Writing skills of patent examples
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The above invention patents and utility model patents all include these parts. The utility model patent has never been in contact with a patent before, and has its own ideas. It is easy to authorize by copying other people's formats. However, the invention patent requires a higher legal format of the document. It is suggested that while plagiarizing, we should systematically study the patent law and patent writing methods or find an agency to take full responsibility. The existence of this industry shows that individual business is really not easy.
Writing skills of patent examples
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Let's talk about the cost first. Individuals or start-ups can reduce the cost by up to 85%, which can greatly reduce the patent cost. If the fee is not reduced, the invention cost is much higher than the utility model. If the agency fee is around 3,000 yuan, the explanation is still written by yourself, and the agent helps to write the claim and handle the follow-up matters. Actually, the workload is very heavy. The figure below shows the total cost after the utility model is authorized and the cost is reduced by 85%.
Writing skills of patent examples
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Individuals can apply for patents through ordinary mail or personal electronic clients. In fact, agents can submit and reply documents online by using electronic clients. If an individual applies for a patent, it is recommended to use this method to obtain an account number, which can be viewed on the corresponding page in China National Intellectual Property Administration.
In fact, patents are easy to write. As long as you have written a paper, you can write a patent, and you can write it in the way of writing a paper. The possibility of obtaining authorization is not low. However, it is difficult to write a level patent. So write the conclusion here first: it is easy to write a patent, but difficult to write a standard patent.
I will talk about how to write a patent in two levels. First, how to write a patent, and then how to write a good patent. How to write the patent? It's easy to write, because there is a routine for writing patents. As long as you follow the routine, you can get recognition and even authorization. At present, there are many free patent retrieval systems in China, such as Dawei innojoy and Runtong. You can go up and have a look, and you will find that all patents are divided into the following parts: abstract, abstract drawings, claims, technical field, background technology, invention content, drawings, specific implementation methods, and drawings of the specification. Let me talk about it one by one:
The abstract of the instruction is an overview of the invention scheme and the technical effect achieved, which cannot exceed 300 words. The writing routine is to summarize the claim 1 and add some technical effects. It's simple. This is usually written after writing the claim;
The attached drawings are the most representative drawings of the present invention, so it should not be difficult to choose the most representative one from the attached drawings after you draw them all.
The patent claim should be written in detail according to the scheme of the invention, which is generally divided into several independent claims and a series of subordinate claims, which is also the most important part of the patent. How to write it will be discussed in detail later.
Technical field is the field in which the present invention is located. Anyone who has written a paper should know how to write it. The technical field in this patent can be summarized. For example, the technical field of mobile phones is electronic technology, and the data transmission mode is communication. Of course, the technical field can be further defined by the last sentence "especially related to a certain field".
Then there is the background technology, which introduces the current development and problems encountered in this technical field, which is exactly the same as the background technology in your paper, and there is no problem;
There are also routines in the invention content section. After you write the claims, copy and paste them, then change the sentence before "characterized by" in each claim (including the words characterized by) to "optionally", and then start another paragraph at the end to talk about the beneficial effects of the invention. Ok, the invention content part is also completed;
Brief description of the drawings refers to explaining the meaning of the drawings in each specification. For example, figure 1 is the method flow chart provided by the first embodiment of the present invention, and figure 2 is the schematic diagram of the device structure provided by the first embodiment of the present invention, so there is nothing to say.
A concrete example is given to illustrate the technical scheme of the present invention. Why do you need this part in the patent? Because patent claims don't look like human words, the specific realization method is to explain the claims clearly in human words. In the specific implementation method, you can explain every sentence in the claim clearly in daily language, and explain some words in the claim with examples or in detail. If you can talk about the benefits of adopting each technical feature after explaining it, then the specific implementation method of your patent will be perfect.
The drawings in the specification are only for more clearly explaining the specific implementation. Maybe you will draw some pictures accordingly, that is to say, if you put some pictures you drew when you wrote the specific implementation here, they are the attached drawings in the manual.
As can be seen from the above, the core content of the patent is the patent claim, and all other contents are written around the patent claim. After the patent claim is written, the rest of the patent can be completed according to the routine. Let me specifically introduce how to write a patent claim.
For example, if you want to apply for an invention patent, you have to solve two problems: one is how to put the elephant in the refrigerator, and the other is how to prevent the elephant from escaping from the refrigerator. To this end, you designed a way to put the elephant in the refrigerator: first, open the refrigerator door; Second, put the elephant in the refrigerator; Third, close the refrigerator door; Fourth, lock the refrigerator door. Now that the plan is clear, you can write a patent. When the above scheme is translated into patent claim, it becomes:
1. A method for putting elephants into a refrigerator, which at least comprises a door body, a cavity body and a lock body, is characterized by comprising the following steps: step 1, opening the door body of the refrigerator; Step 2, put the elephant into the cavity of the refrigerator; Step 3, close the refrigerator door; Step 4, switch the lock body of the refrigerator to the locked state.
The above passage may seem awkward, but only when the patent is written in this way can we clearly, completely and unambiguously express our invention scheme. Some schemes expressed in patent language may be ambiguous, such as what does it mean to switch the lock body to the locked state? At this time, it needs to be explained in detail in the specific implementation. Above, it says claim. According to the "routine" mentioned above, the whole patent should be able to be written quickly around the claim.
However, it should be noted that writing a patent and writing a patent as a standard are completely different things. If anyone can write a good patent, the patent agent should be unemployed. Although the above-mentioned patent can only be accepted or even authorized because it meets the requirements in form, it may not be meaningful for the inventor to apply for such a patent, because even if your patent is authorized, others can refer to your scheme and easily bypass your patent without paying you any fees, so your patent can not bring you substantial "exclusive benefits". So how can this patent be written so that others can't put elephants in the refrigerator? This requires long-term accumulation of writing experience, because it will involve some slightly professional knowledge in the patent field. If your time and energy are limited, then I suggest you find a reliable agent. If you want to continue to understand, you can continue reading.
After receiving the disclosure (technical data provided by the inventor), the agent who really considers for the inventor should first analyze what technical problems need to be solved and what necessary technical features are needed to solve the technical problems. The so-called necessary technical features refer to the indispensable technical elements to solve a technical problem.
Then let's take a look at the above invention, which solves two technical problems, one is how to put the elephant in the refrigerator, and the other is how to prevent the elephant from escaping from the refrigerator itself. As long as one of the technical problems is solved, a claim can be formed, so we can form two claims:
1. A method for putting elephants into a refrigerator, which at least comprises a door body, a cavity body and a lock body, is characterized by comprising the following steps: step 1, opening the door body of the refrigerator; Step 2, put the elephant into the cavity of the refrigerator; Step 3, close the door of the refrigerator. 2. The method according to claim 1, further comprising: step 4, after step 3, switching the lock body of the refrigerator to the locked state.
After rewriting the claim as above, claim 1 is called an independent claim, because it does not refer to other claims, and it is an independent and complete technical scheme. Claim 2 is called the subordinate claim of claim 1. If you look at Claim 2 alone, its scheme is not complete, and you need to look at it together with Claim 1. The scope of protection claimed in Claim 2 is the same as before rewriting. The protection scope of claim 1 is greatly expanded. As long as you put the elephant in the refrigerator, no matter how you lock it, no matter whether you lock it or not, you have to give me a patent license fee. Is this patent useful immediately?
But this is just the beginning. We started the patent mining work.
A qualified patent agent should not only think what the inventor thinks, but also guide the inventor to think deeply and proceed from the overall situation. In other words, it is necessary to make a reasonable upper or lower position. The inventor's plan is to put the elephant in the refrigerator, so the agent should think about whether the giraffe can also be put in the refrigerator with this plan. Put the hippo in the refrigerator? If you can, you should consider the upper position, not the way elephants put the refrigerator, but the way any animal puts the refrigerator. Similarly, can I close the closet without closing the refrigerator? Can you close the safe? Taking the upper position is the way to put the elephant in the box. After the agent thinks clearly about the scheme, he must search the existing technology. Or take the above scheme as an example. By searching the existing technology, the agent found that there is an existing technology that can put the elephant in the cabinet, so this existing technology destroyed the novelty of putting the elephant in the box (patent authorization needs to have three attributes of novelty, creativity and practicality, and the water is deep and there is an opportunity for expansion), so this cannot be done; The search did not find the existing technology of putting other animals in the refrigerator, so the agent can further rewrite the above claim as:
1. A method for putting animals into a refrigerator, which at least comprises a door body, a cavity body and a lock body, is characterized by comprising the following steps: step 1, opening the door body of the refrigerator; Step two, putting the animals into the cavity of the refrigerator; Step 3, close the door of the refrigerator. 2. The method according to claim 1, further comprising: step 4, after step 3, switching the lock body of the refrigerator to the locked state. 3. The method according to claim 1 or 2, wherein the animal is an elephant.
After the patent claim is written in this way, no matter what animals are put in the refrigerator, others will fall into our protection scope and will obediently ask us for a patent license. Of course, the dimensions that agents need to consider in actual operation will be much higher than the above examples. They need to consider the existing technology, the reasonable scope of this scheme, the layout of the claims in this scheme, what is disclosed in the claims, what is disclosed in the specification, how to conveniently write the examination opinions issued by the patent office, the layout of related patents, and how to reduce the application cost for applicants. So far, I think I have been able to express what I want to say clearly. Patents are easy to write, but it really takes years to write them well.
Finally, if you really need to write your own patent, I can provide you with a patent template and write it yourself as a welfare at the end of the article.
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Recently, a friend left a message saying that he felt very weak in the actual writing process and it was difficult to hit the point. The patent written is very thin, not as comprehensive and profound as the patent written by the patent agent. I can understand everyone's troubles. I had the same problem seven years ago. At that time, I just started to engage in the patent industry. The patent claim is like a paper, and the description is very superficial. It looks like a patent in form, but it is really a brief explanation in the bones.
Patent agents have accumulated many years of writing experience before they can write an excellent patent application document. This simple answer can't make everyone reach a similar level in a short time. I'll give you a tip that may help you improve your writing quality.
If you want to write a good patent, I suggest you spend the whole day looking for a quiet place. Step 1: Save your written patent as a document and read it sentence by sentence. If this sentence is a necessary technical feature of the scheme, then keep it. Delete it if it is not necessary. In the end, you will get the necessary technical features of the scheme, which is your exclusive right after completion. Other functions that you deleted as a subordinate right. Step 2: Develop the instructions: You need to develop and explain every sentence in the claim in the instructions, make it clear in your own words, and give examples as much as possible. If there are many schemes, you can choose two or three most representative ones to expand, and remember to explain the special benefits of this scheme after each scheme expansion.
How to judge whether every sentence in the claim is necessary;
Patents exist to solve a current technical problem, that is, your independent claim can only solve one technical problem. At first, there was a misunderstanding in writing patents, that is, the exclusive right was very long. In fact, after careful analysis, you will find that your exclusive right has solved more than one technical problem, such as an exclusive right: heating and melting ice cubes, distilling and filtering to obtain pure water. Careful consideration of this sentence has solved two technical problems, one is how to turn ice into water, and the other is how to turn ice into water into pure water. The most essential problem to be solved in this scheme is how to turn it into water, and the further problem to be solved is how to turn ice into drinkable pure water. The principle of patent writing is: the most essential scheme is exclusive right, and the further scheme is subordinate right. Therefore, the above exclusive right can be split into two claims, and the exclusive right is to heat ice cubes to obtain water. Subordination is a method based on exclusive rights. After obtaining water, it also includes: distilling and filtering the water. I hope the above can help all my friends.
Tell me about myself. I am a graduate student, Xiao Bai. I am a graduate student and an experimental party. I have never been exposed to patent writing before. With the idea of a device, I started from scratch and wrote two complete patents within half a month (although I finally merged them into one for authorization as soon as possible), and now I am in the review stage.
Actually, it is really easy to write a patent. As long as you have a good idea, plus you know the patent knowledge and adjust your thinking in the early stage, you can basically write a patent in half a month.
First of all, have an idea ~ ~
So how can we have an idea that can be written into a patent?
First, have a good understanding of the technical problems in your field or the problems to be solved. In short, you need to know what you want to do to solve a problem, which comes from a lot of literature reading and usual thinking. I can see what can be improved by reading the literature or the knowledge I usually get, and I want to solve such problems myself.
Second, implement your initial ideas. The solution proposed at the beginning may be relatively simple, and we can use the resources around us to do it. In the process of doing it, we will encounter some unexpected problems in the conception stage, which provides us with the direction to improve our thinking in the next step, and at the same time, we will gain some experience at this stage.
Third, be good at getting inspiration from around you. Usually accumulate more, read more, learn more and think more. I can integrate knowledge from other fields and think about whether it can be applied to my own patent.
Second, learn how to write patents.
So as a small white who has never been exposed to patents, how should he write a patent?
I didn't know how to start at first, so I searched for relevant experience on various website platforms such as Du Niang, Zhihu, Weibo, Princess, etc. I read about 10 experience articles and got a general understanding of patents. Here, I also suggest that you make preparations in advance, look at the experience of your predecessors and reduce unnecessary detours and time investment.
In this process, what is a patent?
There are three kinds of patents: invention patents, utility model patents and design patents. Among them, the invention patent is the most difficult to apply for, with higher requirements and longer authorization time; Utility model patents are generally easier to apply for, and the technical content may not be very high; I don't know much about design, so I won't explain it here.
We often have such a question, is it my invention patent, and I want to implement the results in the scheme? Let me explain to you here that this is not the case. Any better idea can be patented.
Third, finally, start the real writing process.
Preparation: Search
In order to get authorization, we need to make sure that no one has made such a product or had such an idea before us. Nowadays, many resource websites provide patent inquiry function.
Here are three websites to share with you:
Let's enter keywords to see if there is a similar scheme. If not, congratulations, your idea is unique. If there is, don't give up, just say that great minds think alike, and you can continue to think of other schemes ~
It is not recommended that you spend too much time here, because no matter how different you feel from others, the examiner can find your similarities, and the preliminary search is only a preliminary investigation process.
At the same time, retrieval is also a process of collecting templates. When searching, look down on those patents with good ideas. We can download it and create a folder, and then we can learn their expression logic and related technical terms when we write it ourselves in the future ~
Mid-term homework: downloading standard forms.
All the patents you wrote were submitted in word, so where can we find these standard forms?
The answer is: China National Intellectual Property Administration.
Direct mapping
Post-work: writing stage
After you download the form, you can fill in the corresponding documents one by one according to the specifications.
Five documents need to be provided in the early stage: the patent claim, the specification, the abstract of the specification, the appended drawings of the specification and the appended drawings of the abstract;
But I suggest you write it in the following order: specification, specification abstract, specification drawings, abstract drawings, and claims.
It is recommended to write a description first, because the description is the subject of your patent, which describes the structure of your patent in detail, especially the invention part to explain your patent;
After writing the instructions, everyone will extract the abstract of the instructions according to the contents of the instructions;
Then, it is attached with instruction drawings, and one of the instruction drawings is selected as the abstract drawing;
I suggest that you finally write the patent claim, because after writing the above description, you will have a deeper understanding of your patent and a clearer logical expression, and then you will know what is special about your patent and where it needs protection.
After completing the above documents and composition, you can find the corresponding agency to further improve the language expression and logic inside, and then revise it repeatedly with the agency until both sides feel that there is no problem, and then enter the audit stage ~ your task is basically completed ~ just wait for the opinions of the auditors.