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Patent specification, chapter 1

by ip901 2022. 10. 13.
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  Today, we will learn about “the 4th industry and patent overview”. Among them, today we will discuss “Patent Specification 1”.

1. What is a patent specification?

  The technical content of the invention for which a patent is sought is described in detail, including the title of the invention, description of drawings and drawings, configuration and detailed description of the invention, and claims of the patent. All descriptions in the patent specification must be justified, and the patent specification serves not only as a book of rights and claims describing the 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 so that its format and claims can be understood.

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 of preparation of specification

  In order of preparing a 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 inventive step and justification of the invention. And one can select the 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, it is desirable to match the terminology with the end of the claim in the claim section. 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. The detailed description of the invention assumes the technical field to which the invention belongs so that it can perform both the role as a technical document and as a right book supporting the claims. Next, after explaining the technical problem to be solved by the invention in relation to the prior art, the configuration of the invention is described in detail, in the technical field to which the invention belongs, in detail enough that a third party can read only the specification and reproduce the technology. At the end, the effect of the invention is described, and the importance and justification of the applied patent are described. Next, one finally prepares the claims of the patent. Preparation of the claims is as follows:

  - Calculation and Description -> Description of Drawings -> Detailed Preparation of Prior Arts, and the Effects and  Examples of the Invention

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. In general, claim 1 is prepared as an independent claim and claim 2 as a dependent claim. Forms of writing claims include Jepson claim, product by process, Markush claim, modified claim, and means plus function claim. There are a single-paragraph method, a sub-paragraph method, an outline method, a jepson method, a method of enumerating in structural (kinematic) order, a method of enumerating in a functional order, and a method of enumerating in other order. 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.

  Today, we looked at the 4th industry and patent overview, among them, “Patent Specification 1”. Next time, we will study “Patent Specification 2”.

 

 

*I am a student learning IP, not an IP expert. Translation is also a translator and my short English skills. I hope it will be helpful to those who do not have the relevant knowledge or those who want to learn about IP.

 

*The above is what I learned from Professor Oh's lecture on the 4th industrial revolution and patents, which can be viewed through K-mooc. Here is the link to the lecture (you may not be able to view it without logging in).

 kmooc.kr/courses/course-v1:CAUk+CAU02K+2021_1/course

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