A patent provides its owner with specific legal protection. Using the claims, the scope of the latter is determined. In it, the generator of the idea should formulate all the signs that he considers essential.
The reasons why it must be composed correctly
Any application for an invention or utility model must be accompanied by the preparation of a formula. It is the main part of the application and contains the essence of the technical solution given in the description. All the rest of it, including drawings, description, is needed for the correct interpretation of the claims. This determines that it should be composed extremely correctly.
They are described using the features of the claims. The latter may be different depending on the subject of patenting.
So, if an application for a patent for a substance is being processed, it is necessary to indicate the physical and chemical characteristics of the latter, as well as its quantitative and qualitative composition.
For the device, the signs are:
- the presence of elements in its design;
- the relationship between them;
- their characteristics and functions performed.
In the case of patenting, the following may be signs:
- the presence of certain actions or operations;
- sequence of their implementation;
- external factors affecting the implementation of these actions.
The characteristic of the attribute is not replaced by a reference to any other part of the application. It may include the latter in case of impossibility of its implementation without violating the requirements of the agreed subparagraphs.
The concept of points
The claims may consist of one or more points. Usually it includes those characterized as dependent and independent. If with its help a description of one object occurs, the first point is considered independent, while the next ones are in a subordinate position with respect to it and are dependent.
The claims should begin with a generic term, which should serve as a reflection of the purpose of that invention, the patent application of which is filed.
Any of the paragraphs should include only one sentence, while it may include various parts, separated by a semicolon or a new paragraph. In each of them only one object can be described.
The following parts of the claims are distinguished: restrictive and distinctive. In the first, a description is made of the common features that exist with the claimed object and the closest analogue to it. The second part shows the differences between them. They are separated by the phrase "characterized in that." It is imperative that these parts are available for the utility model, unless it has no analogues. In the case of the invention, these parts are optional.
The formula is drawn up on the basis of unity requirements. All terms used in its compilation should be defined and generally accepted in this scientific and technical field, as well as unified. It should consist of a description of the means to achieve a specific technical result, which is given in the description.
Classification of formulas
They are divided into single and multi-link. The former are used to characterize one object with a set of essential features in the absence of development or refinement when applied to particular cases of implementation or use.
The latter are used in the presence of the latter, as well as in the case of bringing characteristics of the group of inventions. In the latter case, the claims in the patent should have such a number of independent claims that matches the number of objects of the group.
In characterizing one invention, a multi-link formula contains one independent claim.
It is he who is the basis of the application for the claims. Its writing presupposes observance of certain principles:
- legal protection will be wider, the fewer the signs in this paragraph;
- there must be signs necessary for the implementation of the purpose of the utility model or invention, as well as contributing to the achievement of the technical result indicated in the description;
- at the same time, their complex should characterize the novelty of the patented object and its inventive step, as well as have practical significance and the possibility of implementation on an industrial scale.
The latter set of features characterizes the patentability of the invention.
They serve to develop an independent item. With their help, the final preparation of the claims takes place.
These paragraphs include those implementations of a utility model or invention that are optional. Here is a description of the design of the elements, methods, applied modes, information on the implementation of nodes and others.
They do not affect the scope of protection. However, one must take into account the fact that the signs from these paragraphs at the stage of examination of an application or filing an objection to a granted patent can be transferred to an independent paragraph. It is also necessary to remember that the information that has been claimed will become the global level of technology after obtaining a patent. This will not allow competitors to use similar technical solutions.
It should be understood that the formulas of inventions and utility models do not need to include the information that their creator does not want to provide to the public. Applicants with experience always conceal any parts of their know-how, which makes it difficult to implement a utility model or patent.
If in dependent clauses a reference is made to an independent one, then it can be carried out either directly “according to claim 1” or by contrasting: “The method according to claim 1, different ...”
Text in paragraphs for a group of inventions
Independent clauses should not contain references to other of them given in the formula. If it is possible to state it without completely repeating in it the contents of another paragraph, such a link is valid.
Dependent items related to a particular object are recorded after the independent to which they are subordinate.
In the case of the formation of a group according to the principles of the intended use of one object for another, the first independent paragraph provides a description of the invention for which the other is intended.
We define the essence and elements of value.
- In the patent base of different countries we are looking for analogues of the invention or utility model.
- Compare the distinctive properties of the analogues found with the properties of the claimed objects. Their distinctive properties should not overlap.
- We correct the formula, leaving only essential features in it. Keep in mind that if the patented object can work without any of the features indicated here, then it is not significant, as a result of which the patent can be bypassed.
- It makes sense to divide the application for an invention if the distinguishing part contains a certain number of essential features that could potentially be used independently.
Consider the example of the claims, framed incorrectly. It is shown in the figure.
What errors are present here?
First of all, the concept of “special construction” is not commonly used. The object “device” is patented, which cannot contain the attribute of the object “method” (“apply”). The principle of uniformity of the terminology used is violated. The designation of the material and the shape of the object significantly narrows the scope of legal protection - they must be transferred to dependent clauses. The release layer may be applied, therefore, may not be applied, and, therefore, this element is optional and requires the same transfer.
The following figure shows the correct version of such a formula.
What leads to incorrect formulation of the formula
In addition to narrowing the scope of legal protection, there may be a refusal to grant a patent, since not any of its shortcomings can be eliminated at the stage of state examination of the application.
Therefore, if there is uncertainty in its drafting, it is necessary to contact professionals. It will cost money, but on the output, the inventor will get a decent result.
The claims are the essence of the definition of an object, each paragraph of which should consist of one sentence. It consists of an independent clause and dependents, serving to explain the first. It is necessary to approach its drafting responsibly, since its illiterate spelling can lead to non-grant of a patent or narrowing the scope of legal protection of the object.