Writing and Review Points of Patent Application Documents (Revised Edition)

Author: Huang Min
Publisher:
Publish Date: 2002-03-01
Features: The drafting of patent application documents directly impacts the patent examination process; the judgment of novelty, creativity, and practicality (hereinafter referred to as "three qualities") of a patent application is crucial to whether the invention or creation can obtain patent rights. Therefore, this not only concerns the quality of patent application and examination work but also involves the fundamental interests of a broad range of applicants, inventors, and agents, making it a very important matter. Since the implementation of China's Patent Law, it has been 12 years. Over these years, the number of domestic and international patent applications has continued to grow, and the quality of patent applications and examinations has also improved significantly. However, practice has shown that further improving the quality of patent applications and examinations remains an important task we face. There are still some common issues in the drafting of patent application documents and the judgment of "three qualities" that need further research and resolution.
The author, Huang Min, was formerly a senior examiner at the China Patent Administration, serving as the director of the Third Examination Department. Later, she joined the writing group for the "Examination Guidelines" of the China Patent Administration, collecting and drafting a large amount of materials and articles. Currently, she works as a patent agent and frequently gives lectures domestically, accumulating extensive experience in patent examination and agency work over the years. The writing of this book is based on her years of work experience, providing theoretical elaborations and practical analyses targeting common issues in domestic patent application document drafting and "three qualities" judgment. Especially through the explanation of typical cases, it helps readers understand and master the content more easily. This book offers practical significance in discussing and analyzing the following issues, making it worth readers' careful reading:
1. The claims must be based on the specification, especially the examples should be sufficient to support the scope of protection claimed.
2. The type of claims should align with the actual object of the invention, and it is not advisable to write product claims as method claims.
3. The necessary technical features of product claims should be explained based on the characteristics of different technical fields, such as mechanical, circuit, and material inventions.
4. Common writing quality issues in authorized utility model patents.
5. The most frequently consulted issues in reality are related to the drafting of circuit invention patent applications.
6. Specific considerations needed for drafting patent application documents containing computer programs.
7. The judgment of practicality must be based on the original specification and claims.
8. The judgment of novelty should be based on the claims and comparative documents, adhering to the principle of individual comparison.
9. The judgment of creativity should adopt the principle of combined comparison, with the judgment of technical personnel in the relevant technical field as the standard.
Additionally, the simple and practical checklist for checking claim drafting introduced in the book, as well as the diagrammatic tables from foreign sources on the judgment of creativity, are also worth readers' reading and reference.