As an intangible asset, a very important feature of a patent is its instability. If a patent is easily invalidated for various reasons, it means that it is easy to lose economic value. Therefore, enterprises want to cultivate high-value patents, the premise is to protect the legal value of patents, that is, the stability of patent rights is strong, in order to make the technical value and market value of patents to the fullest.
Whether the patent right can be invalidated is essentially related to the stability of the patent right. Article 45 of the Patent Law clearly stipulates that: from the date when the patent administration department of the State Council announces the grant of a patent right, any unit or individual who believes that the grant of the patent right does not comply with the relevant provisions of this Law may request the Patent Reexamination Board to declare the patent right. invalid. Article 47 of the Patent Law clarifies the effect of invalidity: a patent right declared invalid is considered to be absent from the beginning.
So how to improve the stability of the granted patent, the following will introduce the scope of protection of the claim and the stability of the patent:
First, applicants should take care to avoid the unreasonable scope of protection. Applicants should be aware that the maximum scope of protection afforded by a granted patent does not depend on the subjective will of the applicant, but on the degree of innovation in its invention. China's patent law stipulates various restrictions on the scope of patent protection, the most important of which is the provisions on novelty and creativity. From the viewpoint of pursuing a broader scope of protection, the technical features described in the claims are naturally as few as possible, but the fewer technical features described in the claims, the more "technical terms" expressing these technical features are "upper", The easier it is to be denied the novelty and creativity of the prior art. Therefore, from the viewpoint of seeking good stability of the patent right, the technical features described in the claims are naturally as many as possible, but the more technical features described in the claims, the more specific the expression of these technical features is, the more certain The scope of patent protection is smaller. Therefore, when defining the scope of protection of the claims, it is necessary to balance the two to achieve a reasonable balance.
Second, in the process of writing, the instructions should be as detailed as possible. If the claims are intended to summarize a technical feature to a more general concept, then the description should provide a number of embodiments to demonstrate that the technical solution uses the commonality of all the subordinate concepts contained in this superordinate concept. The same expected effect. If it is not certain that all of the subordinate concepts contained in this generic concept can achieve the intended purpose and achieve the desired effect, then at least one of the dependent claims should be available in the process of writing the claims. Supported by the manual, in order to be able to achieve attack and retreat. Since it is in the subsequent procedures, there are strict requirements for the modification of the claims. The specific manner of modifying the claims in the invalid program is generally limited to the deletion of the claims, the deletion of the technical solutions, and the further limitation of the claims (the one or more technical features recited in the other claims are added to the claims to reduce the protection. range).
In summary, the clearer the technical features in the claims, the more reasonable the level of protection defined by each claim in the claims, the higher the probability that the patent will remain valid.