On The Patent Application Claims

The claim of patent application document on the one hand uses for to define the applicant requests the protection the right scope,on the other hand will use in applicant's invention creation to do make to the social public shows,in the later right infringement determination took will compare basis,therefore the claim of patent application document will have the legal effect the document,it directly will relate the applicant and between the social public's benefit,it will compose the quality will be very important.In our country patent law and its the implementation regulation is connected the main provision which the claim composes is patent law Article 26 paragraph four,patent law implementation regulation Rule 20 paragraph one,patent law implementation regulation Rule 21 paragraph two,however because the above provision exists in the jurisdiction scope alternately overlaps,said regarding the patent examination,always has a bigger confusion about the above three provisions accurate utilization.This article has studied patent law Article 26 paragraph four,patent law implementation regulation Rule 20 paragraph one,the patent law implementation regulation Rule 21 paragraph two various provisions connotation and its the difference and the relation,in the model overseas patent laws and regulations correlation stipulation,has specifically analyzed the above three provisions use through the case,finally proposed patent law implementation regulation Rule 21 paragraph two already the viewpoint which by patent law Article 26 paragraph four,the patent law implementation regulation Rule 20 paragraph one stipulation is covered,The suggestion in the patent law later revision will be supposed this patent law implementation regulation Rule 21 paragraph two deletion,not only to be allowed to eliminate like this examination's in law use confusion,also will be allowed to cause the present laws and regulations stipulation finer,and through the research overseas patent law laws and regulations stipulation,confirmed this article viewpoint feasibility.