Several ways to improve the creativity of patent application
The relativity of comparison, the subjectivity of judgment and the dynamic of retrieval analysis show that the creativity of patent application can be improved, and the same is true in practical work, whether it is the agent’s writing consciousness or the reply of examination opinion.Therefore, yixibei Research Institute believes that the creative level of patent application can be improved by appropriately adopting certain ideas and methods when treating different technical schemes in writing.I. Coping with retrieval methods.Patent retrieval is a necessary step before the comprehensive examination of patent application. The number of comparative documents retrieved and the similarity with patent application are the judgment that affects the creativity level of patent application.The purpose of “search” is to increase the difference between the comparative document and the patent application.The measures are mainly as follows: 1. In patent retrieval, key elements are usually extracted from the invention name, subject and independent claim, sometimes including the abstract.As far as possible, therefore, the “invention point” of the patent application should not be disclosed in these contents, and the invention point should be placed in the subordinate claims.2. Patent retrieval is usually carried out in accordance with the order of this field, related fields and other fields inspired by technical problems. If no comparative documents meeting the requirements are found in the retrieval results of the previous field, the retrieval will be successively transferred to the latter field.Therefore, the description of “fuzzy field” or “large field” can be used in the “background technology” or “technical field” of the patent application when writing the patent application document.Second, highlight unexpected technical effects.In the process of judging creativity, considering the technical effect of invention is beneficial to correctly evaluate creativity of invention.If the invention has unexpected technical effects compared with the prior art, it is no longer necessary to doubt whether the technical solution has outstanding substantive characteristics, and the invention can be determined to be creative.However, it should be noted that the invention is creative if it can be judged that the technical solution of the invention is not obvious to the technician in the field and that it is capable of producing beneficial technical effects, in which case the emphasis should not be placed on whether the invention has unexpected technical effects.Highlight the default invention elements.Omission of invention refers to an invention which omits one or more elements of a known product or method.For example, if the invention, compared with the prior art, retains all its original functions after one or more elements are omitted, or brings unexpected technical effects, it has outstanding substantive features and significant progress, and the invention is creative.4. Pay due attention to the way in which inventions are created.Whether the inventor went through a lot of trouble in creating an invention or did it for nothing should not affect how creative the invention is judged.The vast majority of inventions are the crystallization of the inventor’s creative labor and the summary of long-term scientific research or production practice. However, some inventions are made by accident, but it does not affect the creativity of the invention.Above all, there are ways to improve creative thinking when writing a patent application.It should be emphasized that the patent quality must conform to the relativity, dynamic and creativity stipulated by the patent law, and creativity should be the core content, is the vitality of the patented technical scheme, is the soul of the patent.The quality of the patent application, whether it can pass creative review and be granted, ultimately depends on the content of the technical solution itself.