Recently, the China National Intellectual Property Administration issued the Business Reminder on Further Regulating the Writing Requirements of Patent Application Documents, which puts forward clear requirements for the core content, background technology and figure specifications of patent application documents. Its core logic is to optimize the review process and improve patent quality by standardizing the writing of documents.
1. Policy background: Efficiency and quality driven by two wheels
The background of this measure can be interpreted from three aspects:
(1)Rapid increase in examination pressure: In recent years, the number of patent applications in China has continued to grow, but examination resources are limited. Standardizing documents can reduce the waste of examination time caused by invalid content.
(2)International competition demand: The global patent layout needs to adapt to different national examination standards, and standardized writing can improve the success rate of international applications.
(3)High quality development transformation: China is transforming from a country with a large number of patents to a country with strong quality, and standardized documents are the source governance measures.
2. Analysis of Three Reminders
(1)Avoid introducing irrelevant content
The core of a patent application document is the technical solution it records, and efforts should be made to avoid introducing content unrelated to the technical solution, especially the background technology and drawings in the specification.
Analysis: The core of patent application documents is the technical solution, which is the key to patent examination. If a large amount of content unrelated to the technical solution is introduced, it will cause the examiner to expend too much energy in reading and understanding the application documents, increase the difficulty and time cost of the examination, and is not conducive to saving the application process for obtaining rights. Introducing irrelevant content in the background technology and drawings section of the specification may interfere with the examiner's judgment of the technical solution, affecting the accuracy and efficiency of patent examination.
(2)Standardize background technical writing
Original text: The background technology section of the specification should clearly state the background technology and corresponding documents that are useful for understanding, searching, and examining the invention or utility model. When explaining the problems and shortcomings in the background technology, it should focus on the technical content and try to avoid introducing information that is not directly related to the technology, such as politics, economy, culture, etc.
Analysis: The background technology of the specification is to help the examiner understand the technical background of the invention or utility model, focus on the technical content to explain the background technology, problems, and disadvantages, and enable the examiner to quickly understand the existing technical status and the technical problems to be solved by the invention or utility model. Introducing non-technical information such as politics, economy, and culture not only fails to help examiners understand the technology, but also makes the background technical content complex, lacks emphasis, and deviates from the technical scope of patent examination. It also increases the difficulty and time of examination, affecting the efficiency of the patent application process.
(3)Standardize the use of maps
Original text: For the illustrations in the manual, it is recommended to only introduce maps when they are closely related to the scope of protection. When it is necessary to introduce, the applicant should use standard maps, such as through the "Standard Map Service System" on the website of the Ministry of Natural Resources( http://bzdt.ch.mnr.gov.cn/ )Obtain to ensure the accuracy, legality, and authority of the map. When creating attachments based on standard maps, relevant laws, regulations, and departmental rules should be followed.
Analysis:
(1) Ensure accuracy: If the technical solution involved in the patent is related to geographical location, inaccurate maps may lead to deviations in understanding the technical solution, affecting patent examination and the definition of protection scope. The standard maps of the Ministry of Natural Resources are compiled based on strict standards, ensuring accuracy.
(2) Ensuring legality: The use of maps involves legal issues such as copyright and border demarcation. Using non-standard maps may lead to copyright disputes or errors on sensitive issues such as national borders, violating relevant laws and regulations. Using standard maps can avoid these legal risks.
(3) Maintaining Authority: As a legally protected intellectual property, the application documents for patents must have authority. Standard maps are supervised by authoritative departments and used as a basis to create accompanying drawings, which can enhance the authority of patent application documents in map usage and increase the credibility and reliability of patents. At the same time, comply with relevant laws and regulations
Making accompanying drawings in accordance with departmental regulations is also a necessary requirement to ensure the standardization of patent application documents.
(4) International mutual recognition: In PCT international applications, the geographical elements of the drawings must comply with the requirements of the Paris Convention for the territoriality of intellectual property rights, and standard maps can reduce obstacles to international stage examination.
Patent application documents are a "systematic engineering" that accurately expresses technological innovation in legal language. Every detail needs to balance technical rigor and legal compliance. The new regulations remind applicants not to simply increase restrictions, but to guide them back to the essence of the patent system - to exchange technology disclosure for legal protection. Standardized application documents can not only improve administrative efficiency, but also help applicants build a "technological moat" of patent rights.
enclosure:
1. Download link for the group standard "Guidelines for Writing Patent Application Texts" released by the Capital Intellectual Property Service Industry Association
https://www.capitalip.org/upload/file/202412/1735528882701625.docx
2. Download link for patent examination guidelines
https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&showname=%E4%B8%93%E5%88%A9%E5%AE%A1%E6%9F%A5%E6%8C%87%E5%8D%97.pdf&filename=5753f257e6a04b6f8e305eb6d34ba452.pdf