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Common form defects of patent preexamination

Release Time：

2023-06-21

1. Common form defects in claims

In the actual pre-examination work, the common form defects in the claims are:

No period is used at the end of the claim or there are two or more periods in a claim;

The claim does not use the phrase "characterized by..." Or similar terms to distinguish a preamble part from a feature part, or "characterized by..." Or more than one similar expression;

"Claim" is miswritten as "claim";

Misstate "according to the claim" as "according to the claim";

The subject matter of the independent claim is inconsistent with the name of the invention in the claim or specification;

The subject name of the subordinate claim is inconsistent with the subject name of the referenced claim;

The technical feature further defined in the independent claim does not exist before this technical feature (without reference basis);

The further qualified technical feature in the subordinate claim does not exist in the referenced claim (there is no basis for reference and does not exist in the content of this claim prior to this technical feature);

The subordinate claim refers to the preceding claim without specifying the number of the claim cited;

Independent claims and dependent claims cannot refer to themselves;

A multiple dependent claim that cites more than two claims may not be used as a basis for citing another multiple dependent claim (multiple issues);

The independent claim is not written before the dependent claim to invoke the independent claim;

There are errors in the statement;

The claim contains uncertain terms such as "preferred";

The drawings after the technical features are marked without brackets;

The corresponding relationship of technical features in the attached drawings is inconsistent with that in the attached drawings description.

2. Common form defects in instructions

Common form defects in the instructions are:

Not the standard format: (the standard format includes 5 subheadings, that is, the specification stipulated in Article 17 of the Implementation Rules of the Patent Law shall include the following contents: technical field, background technology, invention content, illustration and specific implementation method), not the composition of the standard title: for example, the small and medium-sized title of the specification "specific implementation method" is written as "implementation method";

Lack of the above subheadings;

The specification is not written according to the sequence of technical field, background technology, invention content, illustration and specific implementation method;

The drawings in the manual are missing the drawings mentioned in the instructions;

The drawings in the instructions lack the drawings marks mentioned in the drawings description;

The corresponding relationship between the technical features in the specific embodiments of the specification and the marks in the drawings is wrong;

The drawings in the specification are marked with parentheses.

3. Common form defects of the specification abstract

Common defects in the form of the abstract: the text of the abstract (including punctuation) is more than 300 words;

Defects in the common form of the request: the name of the invention in the request is inconsistent with the name of the invention in the specification;

The name of the invention contains more than 25 words;

The name of the inventor is repeated;

When entering the fast examination channel, the request for substantive examination of the invention does not indicate that the right of voluntary modification is waived.

Article 59 of China's Patent Law stipulates that the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to interpret the content of the claim. In the process of patent writing, pre-examination and examination, the technical feature citation problems and the corresponding problems of drawings and marks in the claims are more prominent, especially in the case of multiple citations and multiple exclusive rights in the claims, the technical scheme is more prone to the form defect of lack of citation basis, resulting in the protection scope of the corresponding technical scheme in the claims is unclear. In addition, the technical features in the specific embodiments of the specification do not correspond to the marks in the drawings.

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