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X7. Patent specification

by ip901 2022. 11. 3.
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1. What is a patent specification?

  In a specification, the technical content of the invention for which a patent is sought is described in detail. The patent specification serves not only as a book of rights and claims, but also plays a role as a technical document explaining the invention technology in detail. Finding a registered specification most similar to the idea in mind is the first step in writing a specification.

 

2. Structure of the specification

  The structure of a specification includes the name of the invention, description of drawings and drawings, purpose of the invention (description of the technical field and prior art to which the invention belongs, description of the technical task to be achieved by the invention, configuration, operation, and effect of the invention), and the claims of the patent.

 

3. Order in the preparation of specification

First, an abstract of the invention is written. The invention is briefly expressed in the abstract and the technical part of the invention is summarized. And, it becomes the part claiming the justification of the invention. Then, one can select a representative drawing that best describes the invention. In selecting the name of the invention, the heading should be written simply and clearly as it exists to specify the technical field, and to facilitate the organized search. In the United States, this heading requires sufficient description of the claimed invention. Next, a brief description is added to each drawing and a detailed description of the invention is made thereafter. Next, after explaining the technical problem to be solved by the invention, the configuration of the invention is described in detail enough that a third party can read only the specification and reproduce the technology. Then, the effect of the invention is described. Next, one finally prepares the claims of the patent.

 

4. Claims

  The claim section is a very important part of a patent specification. Legally speaking, it should be written only with the elements only necessary for the invention, and the relationship between the elements should be described. The claims should be described as actively as possible and should be consistent with the contents described in the detailed description of the invention. The elements, drawings, etc. described first can be referred to by using the symbols described in each element and drawings, and a comparison can be used if there is an object to be compared.

 

5. Preparation of a patent application

  A patent application (a specification) has the following components:

  1) Title of invention - The title of the invention allows classification, arrangement, and investigation of the invention. It is better to write the terms in accordance with the claims

  2) Technological field - It is to describe the existence of prior art

  3) Technology underlying the invention - The problems of the prior art are specifically described in a way that the technology to be applied for can be highlighted

  4) Problem to be solved - Derived from the problems of the prior art, it is used to emphasize that the applied invention is a solution

  5) Means of solving the problem - Describes the main technical solution adopted by the applied invention to solve the problem

  6) Effect of the invention - Emphasize that the problem to be solved can be effectively solved, and it is written based on the fact that the applied invention is novel, progressive, and patentable.

  7) Brief description of drawings - Define the used drawings simply and clearly.

  8) Specific content for due diligence of the invention - According to the law, it is specified that the invention should be written clearly and in detail so that a person with ordinary knowledge in the technical field to which the invention belongs can easily implement the invention. The purpose, configuration, and effect of the invention are divided and described in detail.

  9) Claims: The right to be protected should be clearly described, and should be prepared based on the description of the invention. As a requirement for description of the claims, it can serve as a document of rights when supported by the detailed description of the invention. Usually, claim 1 is written as an independent claim (a form that does not cite other claims), and after claim 2, it is divided into independent or dependent claims. In the claims, all elements of the invention must be specified, and their mechanical relationship must also be specified. 

 

6. Composition of the actually applied patent documents

  The actual applied patent documents are structured as follows.

  1) Bibliography, title of invention, abstract

  2) Claims

  3) Technical field, background, problem to be solved

  4) Problem solving means and “effect”

    - Whether the applied invention is valid as a patent in terms of novelty and inventive step

  5) Brief description of drawings

  6) Specific content for implementing the invention

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