2013.4.1Dr. Charlie Che (車慧中)— How to Write A Patent

nullHow to Write A Patent?How to Write A Patent?Dr. Charlie Che (車慧中) V.P., TekGlory (Beijing) Tech. Co., Ltd. 2013/4/1Dr. Charlie Che (車慧中)Dr. Charlie Che (車慧中)D.Mgmt., M.Eng., B.Eng. Current Position: V.P. of TekGlory (Beijing) Tech. Co., Ltd. V.P. of IIUnion (Beijing) IP Consulting Co., Ltd. V.P. of Beijing IIUnion IP Agency Managing Director of RIGHThere cloud Tech. Co., Ltd. Senior IP Consultant of Gixia Group Co. Adjunct Assistant Professor of Dept. of Tech. Mgmt., Chung Hua Univ. Expericence: V.P. of Dominator (Beijing) IP Company. CTO & V.P. of Gainia Intellectual Asset Services, Inc. Adjunct Assistant Professor of Dept. of Mechanical Eng., Yuan Ze Univ. Project Manager of Technology Transfer Service Center, Industrial Technology Research Institute Reputation: Who’s Who 2011 2000 Outstanding Intellectuals of the 21st Century (2011)Dr. Charlie Che (車慧中)Dr. Charlie Che (車慧中)D.Mgmt., M.Eng., B.Eng. Position: V.P. of TekGlory (Beijing) Tech. Co., Ltd. V.P. of IIUnion (Beijing) IP Consulting Co., Ltd. V.P. of Beijing IIUnion IP Agency Managing Director of RIGHThere cloud Tech. Co., Ltd. Senior IP Consultant of Gixia Group Co. Adjunct Assistant Professor of Dept. of Tech. Mgmt., Chung Hua Univ. Expericence: V.P. of Dominator (Beijing) IP Company. CTO & V.P. of Gainia Intellectual Asset Services, Inc. Adjunct Assistant Professor of Dept. of Mechanical Eng., Yuan Ze Univ. Project Manager of Technology Transfer Service Center, Industrial Technology Research Institute Reputation: Who’s Who 2011 2000 Outstanding Intellectuals of the 21st Century (2011)Cloud services of patent searching & analysis Dr. Charlie Che (車慧中)Dr. Charlie Che (車慧中)D.Mgmt., M.Eng., B.Eng. Position: V.P. of TekGlory (Beijing) Tech. Co., Ltd. V.P. of IIUnion (Beijing) IP Consulting Co., Ltd. V.P. of Beijing IIUnion IP Agency Managing Director of RIGHThere cloud Tech. Co., Ltd. Senior IP Consultant of Gixia Group Co. Adjunct Assistant Professor of Dept. of Tech. Mgmt., Chung Hua Univ. Expericence: V.P. of Dominator (Beijing) IP Company. CTO & V.P. of Gainia Intellectual Asset Services, Inc. Adjunct Assistant Professor of Dept. of Mechanical Eng., Yuan Ze Univ. Project Manager of Technology Transfer Service Center, Industrial Technology Research Institute Reputation: Who’s Who 2011 2000 Outstanding Intellectuals of the 21st Century (2011)All kinds of patent analysis & consulting servicesDr. Charlie Che (車慧中)Dr. Charlie Che (車慧中)D.Mgmt., M.Eng., B.Eng. Position: V.P. of TekGlory (Beijing) Tech. Co., Ltd. V.P. of IIUnion (Beijing) IP Consulting Co., Ltd. V.P. of Beijing IIUnion IP Agency Managing Director of RIGHThere cloud Tech. Co., Ltd. Senior IP Consultant of Gixia Group Co. Adjunct Assistant Professor of Dept. of Tech. Mgmt., Chung Hua Univ. Expericence: V.P. of Dominator (Beijing) IP Company. CTO & V.P. of Gainia Intellectual Asset Services, Inc. Adjunct Assistant Professor of Dept. of Mechanical Eng., Yuan Ze Univ. Project Manager of Technology Transfer Service Center, Industrial Technology Research Institute Reputation: Who’s Who 2011 2000 Outstanding Intellectuals of the 21st Century (2011)Patent application & prosecution servicesThis lessonThis lessonHow to write a patent?Do you thinkDo you think Is it possible to learn/know to write a patent specification in only 2 hours? Do you thinkDo you think Is it possible to learn/know to write a patent specification in only 2 hours? HA..HA..HA.......……The truth isThe truth isYou can’t write a patent before you exactly knowing what a patent is. Patent right Patent species Patent specification Patent examination Patent……...The truth isThe truth is You don’t need to write a patent. Writing a patent specification is patent attorney’s job. You only need to provide sufficient materials.You may think....You may think.... Writing a patent specification is similar to writing a paper manuscript.The truth isThe truth is Writing a patent specification differs from writing a paper manuscript.The point isThe point isFor writing a paper manuscript, You must not have someone to write a manuscript for you. You have to write a manuscript by your own.The point isThe point isFor writing a patent specification, You’d better ask someone to write a patent specification for you You’d better not write a patent specification by your own. Ask a professional, e.g. a patent attorney, or a patent engineer, to write for you. (strongly recommanded)The point isThe point isA patent specification is not just written. It’s built. It’s constructed. It’s elaborately figured. The point isThe point isA patent specification is not just written. It’s built. It’s constructed. It’s elaborately figured. Why?Why? I will tell you why.So……So……First,First, Let’s see what the published patent documents look like. The published patent documents look quite differently from the specifications you submitted.TW patentTW patentInvention Patent gazetteTW patentTW patentInvention Full-textnullTW patentTW patentUtility ModelTW patentTW patentDesignChina patentChina patentInventionChina patentChina patentUtility ModelUS patentUS patentUtilityUS patentUS patentDesignUS patentUS patentDesignJP patentJP patentInventionJP patentJP patentUtility ModelJP patentJP patentDesignJP patentJP patentDesignEP patentEP patentEP patentEP patentPCT patentPCT patentPCT patentPCT patentnullPublished patent documents Lots of information shown Some of them are provided by examiners. Not only one species Patent documents in different territory(countries), Language varies. Format varies. Information varies.This class This class Would like to show you only the basic ideas of the patent right; and the necessary materials provided by you for a patent attorney to write a patent.PatentPatentPatent is a right to protect ----- Products; Processes/Methods. Via a granted patent spectification.Key pointsKey pointsRight Patent right diverges from paper right. Granted Qualified after examinationsnullPaper right You can exclude others from publishing the important content without your permission. What if others utilize the technology revealed in your paper?null Patent RightPatent rightPatent right The patent right is given and restricted by law. Not naturally givenPatent lawPatent law35 U.S.C. 154 Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof.Patent lawPatent law35 U.S.C. 154 Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof. Patent laws/rules in defferent countries are also distinct.Patent rightPatent rightfor protecting a product by excluding others from (1) making the product (2) using the product (3) selling the product (4) offering the product for sale (5) importing the product into the territory Patent rightPatent rightfor protecting a process(method) by excluding others from (1) using the process (2) using the product made by said process (3) selling the product made by said process (4) offering the product made by said process for sale (5) importing the product made by said process into the territoryHow tricky?How tricky?Patent right is not a right for you to make/use/sell/offer for sell a product claimed by your own patent. Patent right is only a right for you to exclude others’ abovementioned behaviors. That’s why patent wars occurring all over the world.null Patent ExaminationsPatent major speciesPatent major speciesExaminations Examinations Procedure examination Formality examination Substantive examination Examinations Examinations Procedure examination All species To check necessary documents and forms are all submitted.Examinations Examinations Formality examination TW Utility Model CN Utility Model CN Design JP Utility Model DE Utility Model ...Examinations Examinations Formality examination Judged by appearance He? or She? A short examination period 3~6 monthsExaminations Examinations Substantive examination Verified by chromosome, DNA Examinations Examinations Substantive examination Patentability Novelty, unobviousness TW/CN/JP “Invention” TW Design US/EP “Utility” A long examination period 24 ~ 48 months usually Early published after 18 months from the filing/priority datenullThe same Appl. No.: 12/119,545NoveltyNoveltyEach of claims is examined.A prior art A+B+Cclaim A+B+Cfiling date Priority dateNovelty RejectionUnobviousnessUnobviousnessEach of claims is examined.Prior art: Aclaim A+B+CPrior art: CPrior art: BUnobviousness RejectionRelated fieldsfiling date Priority datenull Patent Specifications Provided by patent attorneysFor US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsClaim Claim for forming the entire scope of patent right Listed item by item One item, one right. Only one period in an item Two kinds of forms Independent claim Dependent claim Composition of each claim Preamble + transition + bodyClaim Claim Independent claimClaim Claim dependent claimClaim Claim Preamble Transition Body Claim Claim Preamble Transition Body Claim Claim Preamble Transition Body Transition Transition Open type Comprise (comprising) Include (including) Have (having) Close type Consist of (consisting of) What’s the difference?Which do you prefer?Which do you prefer?A couple comprises a husband and a wife. A couple consists of a husband and a wife.Transition Transition Open type: Patent right could be expaned. Comprise (comprising) Include (including) Have (having) Close type: Patent right is strictly limited. Consist of (consisting of) Open-type transition is usually suggested.Claim Claim Preamble Transition Body For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsConsistent with claim preamble(s)For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsLimited to 150 words Usually modified from claim 1 Less important, in factFor US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsUsually, a narrower field adjacent to a wider field.For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsA brief discription of related prior art(s) and drawback(s).For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsHow to overcome the drawbacks of prior art? Functions & results of your inventions.The main features/characteristics of your invention.For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim DrawingsMaking a simple list.For US PatentFor US PatentTitle Abstract Background of the invention Technical field Discription of related art Summary of the invention Brief description of the drawings Detailed description of the preferred embodiment Claim Drawings1. The best mode 2. The alternatives 3. Consistent with claims 4. Consistent with drawings Necessary materials/information for a patent attorney to write a patent specifition Prepared by youMaterials/information Materials/information Related prior arts and corresponding drawbacks A clearly defined “product” and/or “process” Features (main) and corresponding drawings novel to prior arts functions/results Inter-connecting relationships Product: physically Process: sequentially Features (alternative) ($$$ for patent application)then wait ……..then wait ……..Wait…….Wait…….Wait…….Wait…….Specification receivedSpecification receivedSometimes....Sometimes....Sometimes....Sometimes....Sometimes……Sometimes……null Go fighting with patent examination.Finally, this lesson Finally, this lesson It tooks me 20 hours to prepare this 2 hours lesson.nullQ & A ? Please don’t!Q & A ? Please don’t!Dr. Charlie Che(车慧中) dr.charlie@tek-glory.com