Introduction and background
The patent specification begins with a title. When drafting, the title should ideally be broad and innocent. It should merely indicate the type of product or process to which the invention relates. For example, if the present invention is a new type of engine reinforced with apple juice, "engine" is a good title for the application. Since the title is the sole part of the application to be released soon, it is to know nothing while stating exactly what the product is. "Apple juice powered engine" is a more detailed title, there is a danger of abandoning the present invention more quickly than necessary.
Immediately after the title, the technical field is defined. This is to allow the patent office examiner to understand where the technical field of the invention is and where to focus on the official search. The technical field must be achieved before the invention was made. If the engine powered by the apple juice was not made before then, it does not mean "the present invention is in the field of engine powered by apple juice". Alternatively, the general technical area in this case could be, for example, "an engine, not exclusively but an engine that powers automobiles and other road vehicles".
Thereafter, this specification describes the technical background of the present invention. This section should also not give rise to the present invention. This object is to explain the problems of the prior art to be solved by the present invention. The idea is to put the context in the context of the invention, to help the reader understand what actually contributed to the art, and why that is a good idea. In some cases, a previous patent application or other publication may be referred to.
Statement of Invention
This specification explicitly states what the invention is. These statements must correspond to the claims (see below). Sometimes the description of the invention is merely the phrase "the invention is an apple juice powered engine according to claim 1". However, since it is usually easier to read and understand the specifications without repeatedly referring to other pages, we recommend that you completely redisplay the claim.
Suppose you know that the engine cylinders are lined with certain substances that burn the sugar in the apple juice with the engine. Without lining the engine can not move with apple juice, so lining is essential to the present invention. According to the present invention, an internal combustion engine for a road vehicle having a combustion chamber lined with a floppy tetraplus may be provided "may be said.
This specification then explains the advantages of the present invention and relates to the problems of the prior art mentioned above. A good way to think about this part of the application is that it is the "sales pitch" of the invention. However, it must be a sales plan with a solid technical basis. I will explain the functions of the options and reexplain their advantages.
Detailed explanation
This part of the specification is based on at least one embodiment of the present invention In detail . Typically, this is done with reference to the drawing. The purpose of this section is to fulfill the legal requirement that it is necessary to "enable disclosure" in order to enable skilled personnel to do the invention. For example, if Flovetetraplum is not a well-known substance, you need to teach those skilled in the art how to find it and where to find it. It is necessary to teach the method of covering the interior of the combustion chamber with substances and give details enough to achieve the desired result without excessive reliance on trial and error.
It is not necessary to elaborate on all possible methods for carrying out the invention, it is the task of the claims and the description to define essential features and optional features. However, the detailed description should fully support the claims. Therefore, when claiming "engine of road vehicle ...", it is necessary to make it possible to detect not only the car engine but also the lowry engine. If the engine needs a specific function beyond a certain size, you need to tell experts about that function.
The recipient of the patent application is a person skilled in the art. Those skilled in the art need not already know what is in his general knowledge, what he can read. However, the patent application is written for what is believed to be new, and experts can not expect that they must invent the invention again themselves! For alarms that surprise experts (for example, the fact that engines can be moved with apple juice), it should be described in detail to allow him to get a job. A less surprising feature (such as the engine having a combustion chamber in the form of a cylinder and the piston sliding in the cylinder) is how a skilled person is an internal combustion engine and one The design includes a cylinder and a piston.
claim
A claim is a legal definition of protection considered. They are the most important part of the application document. They come to the end of the specification, but most lawyers prefer to draft claims first.
Statement of the invention (see above) reflects the claims, reveals specific terms and extends them, as they may be in context. Claims should be interpreted absolutely in light of the entire description, but it does not provide escape. For inadvertent drafting. Claims should be clarified as much as practicable as much as possible and should define what is new, progressive and fully supported by the disclosure. On the one hand, the claims must be wide enough to provide commercially useful protection - having patents that can be avoided by changing noncritical details makes no sense.
Typically, claim 1 defines the essential features of the invention. The following claims refer to all features of claim 1 as a reference, and each dependent "claim" defines one or more additional optional functions. Claim 1 is most important, but subsequent claims need to be carefully prepared to provide important backups and to assist the examiner in providing useful search reports. Each invoiced function, including optional features, should be at least one controversial and it should be explained in the body of the specification.
In many countries including the UK, you do not need to file complaints at the time of submission and you can add it in 12 months. However, this strategy never recommends this strategy as it involves applying for without fully considering the definition method of the present invention. In this case, there is a serious risk that no adequate basis for supporting a good claim is provided.
abstract
The patent application ends with a summary. This does not affect the legal scope of temporary patents, so it is the least important part to the applicant.
The purpose of the summary is to provide technical information so that when related items are being searched, that application will be found when it is published.
The summary begins with the title. This may be different from the title of the entire specification, and the width may be narrow. In our example, "Apple juice powered engine" was a poor title of the specification, but in fact it is a very good summary because it briefly describes the disclosed invention. The abstract is continued by briefly explaining the invention with reference to the selected drawing. It must include a description of how to use the present invention.
Abstractly the most important thing is to check that nothing is disclosed in summaries not seen in the memories of the application. The reason for this is that the materials of the abstract can not be used as the basis for revision in later procedures.
Overview
The text of the patent application has two legal roles.
Define the protection considered. And
Enable the disclosure of the present invention.
It is not strictly necessary to go any further. However, good specifications should tell the story - when the patent office examiner finishes reading, he or she should have been claimed to be the most inventive thing in the centuries. In addition, the submitted specifications may not be known at the time of drafting, but should provide sufficient flexibility to take into account the prior art found during official patent search. Since the amendment of a patent application can never add technical subjects, what is present at the time of filing is absolutely critical to the success of the application.
EmoticonEmoticon