权利要求书的语言表达技巧(Language skills in claims)
In the invention or utility model patent application documents, claims and description is the most important part of the two, the claims and the description is recorded in the invention or utility model and the protection scope of legal documents. From the inventor provides technical clarification. To form the patent application documents will not only process information collection and processing technology of file conversion for legal documents, it is a need for further processing and re creation process to enhance the patent application documents of gold content of the technical scheme of the technical clarification.
The writing of claims is a vital element in obtaining patent applications with high gold content. The Patent Law provided for in article twenty-sixth: the specification shall describe the invention or utility model made clear and complete description of the technical field and technical personnel can prevail, and the claims shall be in accordance with the specifications, indicating the scope of patent protection requirements. Article fifty-sixth of the patent law stipulates that the scope of protection of the patent right for the invention or utility model shall be based on the content of its claim, and the instruction manual and drawings shall be used to interpret the claim. Thus, the claim plays an important role in determining the scope of patent protection and the maintenance of patent rights. Article twentieth of the rules for the i
reaction to a book or an articlemplementation of the patent law stipulates that the claims shall specify the technical features of the invention or utility model, and shall clearly and concisely state the scope of the request for protection. A claim usually includes
independent claims and subordinate claims. The independent right requires that the technical scheme of the invention or utility model be reflected as a whole and all the necessary technical characteristics of the technical problem shall be recorded. The necessary technical features refers to the invention or utility model for solving the technical problems in the essential technical features of the invention or the sum is sufficient to constitute the technical proposal of the utility model, which is different from the background in other technical solutions. In a claim for a patent, an invention or utility model defined by an independent claim limits the widest possible range of protection. So, is it possible to get the widest possible protection as long as the necessary technical features are recorded in the independent claims? The author believes that the independent claim would be the most wide scope of protection, not only depends on whether the records of the necessary technical features, but also depends on whether the technical features necessary to take appropriate ways of expression.
Claims are technical and legal combination of legal documents, which should not only be accurate, rigorous and logical, but also require a high degree of general language expression. The general expre
ssion of this language is based on understanding and extension of the technical scheme for the implementation of various deep technology on the basis of the summary, only in-depth understanding can be "simple" expression. It can be said that the language expression of the claim book directly affects the writing requirements of "clarity" and "brief" to a certain extent. Attention to the wording of the claim, careful selection, careful study, and the use of proper vocabulary to
express technical features can improve the language effect of the claim book.
This paper focuses on the discussion of the "expression", when the patent agents understand the technical scheme, and writing in accordance with the three principles and principle of Pyramid technical scheme was extended from language and words of proper expression claims technical characteristics, achieve a multiplier effect? Combined with writing experience, the author intends to discuss the following issues:
1) use appropriate language to express the technical characteristics
Case: one relates to the liquid in the pipeline leaks or temperature monitoring, detection and location of the electrical device of the invention, the technical scheme of the invention is to install sensors in the pipeline, judging by measuring changes in pipeline pressure of liquid flow rate or the temperature whet
her liquid leakage or temperature change. The claim can be written on a line liquid measuring device, including sensor located on the source side of the pipeline (1) and is located in the pipeline at any point sensor (2), the sensor (1) and the sensor (2) output by comparing difference, the difference of reaction liquid leakage in the pipeline. The claim can also write this: for the detection of events and device for information detection and obtain the event about the incident, the device includes a source component located in the narrow and narrow path, path and end in the narrow path of any point on the back part, parameter changes between the source components and return the part defines the relationship between
the end and the event.
From the above two claims writing is not difficult to see, although the first claim should be said to have the technical scheme described, but in language and words and abstract generalization, is clearly inferior to the host after a claim. In the latter claim,
"The source components and parts return" to express the sensor (1) and the sensor (2) specific concepts like this; "information" to indicate the sensor (e.g., pressure sensor, temperature sensor and flow sensor) output value; "events" to express the narrow path is not limited to the liquid (liquid, gas mo
nitoring is also applicable) leakage, temperature loss or gain; and use the "definition" illustrates the logical relationship between information "and" events ". The language expresses the technical scheme highly and expands the scope of protection of the claim through the application of the field (liquid or gas) and the technical features of the superordinate expression.
2) the same thing that expresses different qualities or states by first or second pronouns
For example, the first sensor used in the claims (components), second sensors (components) and third sensors (components) that different types of sensors and the same position (components), sensor or different positions of the same type (components), sensor or different locations and different types (parts). Also, in the invention of a semiconductor manufacturing process, such as a manufacturing method of a
semiconductor device, the claim is that a manufacturing method of a semiconductor device includes steps:
A mask that forms a surface with an integrated circuit topology;
The pattern of the mask board surface is transferred to the photoresist layer of the substrate surface by photolithography process, thereby forming a photoresist pattern on the surface of the substrate;
.......
The pattern of the mask plate and the surface of the substrate in the above-mentioned claim are in fact the same pattern, except for different positions, one on the surface of the mask plate and one on the surface of the substrate. At the time of writing, the pattern of the mask board surface and the photoresist pattern on the substrate surface shall be represented by the first figure and the second figure, respectively. The content of the claim shall be changed to:
A first pattern is formed on the surface of the mask plate;
The first pattern is transferred to the substrate surface by photolithography, thereby forming a second figure on the substrate surface;
.......
Take this way on the one hand can make the claim statement more concise and comprehensive, the scope of protection are more
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