Where an application is filed for a patent for invention or utility model, documents such as a request, a description and its abstract, and a claim shall be submitted. Among them, patent claims and specifications are the main components and core contents of patent literature. The two have different functions.
 

 

    As far as claims are concerned, its fundamental function is to define the scope of protection of patent rights. The role of claims can be divided into "subjective role" and "objective role". The former means that claims are the language carrier for patent applicants to express their subjective wishes for protection and the scope of the object they wish to protect. The embodiment of the applicant's inner subjective desire is the original driving force of the claim. The latter refers to the claim as a language tool to convey the intention of the right holder for protection to the unspecified public in society, and to publicize the scope of the protection object of the patent right. Only through clear and clear external intention expression can the public accurately understand the protection boundary of the patent right, so as to encourage subsequent innovation.

    As far as the specification is concerned, its fundamental function is to accurately reveal to the public the technical field, background, content, specific mode of implementation, function and effect of the invention and creation itself, so that the public who only have the knowledge and level of ordinary technical personnel in the field can smoothly and easily implement the invention and creation. So as to ensure the realization of the basic purpose of the patent system of "protection in exchange for publicity". The function of the specification is different from the claim, on the one hand, it is to fully disclose the scope of the new technology, on the other hand, it is to explain the claim, so as to accurately determine the scope of protection of the patent. Since the specification also transmits the information content through the external expression of language and text, there is a distinction between "subjective information" and "objective information", that is, there is a distinction between the technical content that the right holder or applicant subjectively wishes to express and the technical content that the public can objectively obtain.

    Article 59 of the Patent Law states: "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 the appended drawings may be used to interpret the content of the claim." This reflects the above-mentioned role of claims and specifications from the perspective of determining the scope of protection. In addition, according to the provisions of Article 26 of the Patent Law, the claims shall be based on the specification and clearly and briefly define the scope of patent protection claimed. The specification shall give a clear and complete description of the invention or utility model to the extent that a person skilled in the technical field of the invention or utility model can realize it; Where necessary, drawings shall be attached. This puts forward strict requirements for the writing of claims and specifications. The Patent Examination Guide issued by the State Intellectual Property Office has made more detailed provisions on the requirements for the writing of claims and specifications.

    In short, the claim is the carrier to express the scope of the object that the right holder requires to protect, and its content must be clear, and the specification, as a complete description of the contents of the invention and creation of the literature, should also be definite and unambiguous. The purpose and function of the "circle" of the claims require that it should be able to quickly and conveniently make the public clear the scope of protection of the patent, and the purpose and function of the disclosure of the invention and creation of the specification also requires that the technical information transmitted to the public should be accurate, easy to understand and reproducible.