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"Based on the core of new quality productivity, from the perspective of patent drafting, new quality productivity needs to be equipped with high-quality patents. ”
来源:IPRdaily中文网(iprdaily.cn)
Author: Xiao Yongzhong, Li Yiling, Beijing August Melon Intellectual Property Agency Co., Ltd
During the two sessions this year, the state vigorously advocated the development of new quality productive forces. The core of the new quality productivity includes strengthening scientific and technological innovation, especially original and disruptive scientific and technological innovation. Based on the core of new quality productivity, from the perspective of patent drafting, new quality productivity needs to be equipped with high-quality patents.
Based on the author's observations, the current high-quality patent standards generally come from two directions:
1. The writing experience accumulated by the head agent for many years;
2. Years of patent drafting experience accumulated by technical enterprises.
The head agent has a large number of excellent agents and high-quality customers, and the combination of the two makes the experience accumulated by the head agent become an implicit industry standard, which has a profound impact on the entire industry. The author does not intend to deny the value of these standards, but whether experience can be applied depends mainly on the perception of the agent, and once this experience is solidified into a real standard, the writing of high-quality patents will become a so-called template. This would be a devastating blow to the entire patent agency industry. Because once such a template exists, then with the current level of AI technology, anyone can write so-called high-quality patents. If this is the case, then what is the meaning of high-quality writing, what is the meaning of the existence of agents, and what is the meaning of the existence of the entire industry. If these experiences are not solidified, whether or not a high-quality patent can be written mainly depends on the agent's perception, which means that there is a great deal of uncertainty about whether the agent can write a high-quality patent, which in turn leads to whether or not a high-quality patent can be written becomes a simple probability calculation.
The patent experience accumulated by enterprises over the years is obtained from actual combat, so many people take pride in writing so-called large client cases, and regard the writing of large client cases as a standard to measure high-quality drafting. In this regard, the author takes two types of large customers as examples to explain my views. One type of enterprise is mainly to do entities, and the other is an enterprise mainly based on Internet platforms. For physical enterprises, their disclosure books are usually rich in content, and some disclosures are even as many as hundreds of pages. Such clients require the agent to have a comprehensive understanding of their technical solutions, and to carry out relevant work on this basis, from the macro patent layout to the description of each claim. For Internet platform enterprises, most of their solutions are related to business methods, so their technical solutions are relatively simple compared with physical enterprises, and the most intuitive manifestation is that their disclosure documents usually have relatively little content, and there are a large number of one-page disclosure documents. Due to the general nature of business methods, such clients often require the agent to extend the embodiments in order to extend the scope of protection of their patents as much as possible. It can be seen that based on the model and development path of enterprises, entity enterprises and Internet platform enterprises have different definitions of high quality. In other words, the experience of large customers is usually only applicable to individuals, and it is difficult to have universal applicability.
Based on the above considerations, the author believes that the above two methods have limitations in determining high quality standards. As the saying goes, if there is a focus in the field of vision, there will naturally be a blind spot. Regarding the shortcomings of existing high-quality standards, the author believes that we should broaden our thinking and not only focus on patent drafting.
A patent is a legal document that involves jurisprudence. We may wish to refer to the model of jurisprudence and discuss high-quality patent standards. The law has a clear framework and is also authoritative. However, there are various theories in the legal community, and these theories are not right or wrong, but they differ in dimensions and perspectives. But whatever the doctrine, it must follow the framework of the law. Therefore, the author believes that whether it is the experience of a leading agency or the experience of a large client, it is more like a variety of theories in the legal community, but the dimensions and perspectives are different. After the above considerations, the author believes that the standard of high-quality patents should be like the art of war, with general principles, and how to use them in war needs to be determined according to the actual situation.
The author believes that the high quality of high-quality patents is only an effect, and to achieve this effect, it is necessary to integrate patent analysis and patent mining methods, and to reflect them in the patent applications drafted.
It is often said that "the outcome of a war is usually on the battlefield, but it is decided outside the battlefield". Similarly, for high-quality patents, high quality is reflected in the patent drafting process, but it is not the drafting itself that determines how to write. For the sake of illustration, the author compares the agent to a tea artist. As a tea artist, it is not enough to have superb tea cooking skills, but also to understand tea and water in order to make a good pot of tea. In the same way, in addition to having high writing skills, the agent must also have the ability to analyze, mine and even navigate patents, so as to understand the client's plan and identify the technical demarcation between the prior art and the patent application.
Although patent analysis, patent mining, and patent drafting are currently regarded as three fields, the author observes that patent analysis, patent mining, and patent drafting complement each other. Without the foundation of patent mining and the support of patent drafting, patent analysis is like a colorful cloud in the sky, flashy and unrealistic. Without the guidance of patent analysis and the support of patent drafting, patent mining is easy to fall into the dilemma of emphasizing quantity over quality. Without the guidance of patent analysis and the foundation of patent mining, the understanding of the plan at the time of patent drafting is easy to enter the dilemma of looking at flowers in the fog and looking at the moon in the water.
The concept of "harmony and harmony" is one of the basic spirits of traditional Chinese culture, and it is also a philosophical concept of universal significance. In the process of drafting high-quality patents, the integration of patent analysis, patent mining and even patent navigation is also a manifestation of Hehe culture. As a concrete embodiment of advanced productive forces, the new quality productivity is a fundamental achievement produced by the cross-integration and breakthrough of scientific and technological innovation, and it is also a manifestation of the culture of harmony. Therefore, the author believes that the high-quality patents of "Hehe" can better match the new quality productivity.
The above is the author's personal thinking based on his own experience, only represents personal views, if there is anything inconsiderate, please forgive your seniors and colleagues.
(Original title: Helping New Quality Productivity - Thoughts on High-quality Patents)
来源:IPRdaily中文网(iprdaily.cn)
Author: Xiao Yongzhong, Li Yiling, Beijing August Melon Intellectual Property Agency Co., Ltd
编辑:IPRdaily辛夷 校对:IPRdaily纵横君