Вестник войск РХБ защиты (Aug 2023)
Typical Mistakes in Claims and Specifications of the Inventions in the NBC Protection Corps
Abstract
The growth of inventive activity in the NBC Protection Troops is accompanied by an increase in requests for examination, leading to a delay in the process of considering patent applications at the Federal Institute of Industrial Property of Rospatent. The aim of this work is to summarize the common mistakes in the claim and the Specifications of the inventions in the NBC Protection Troops. Materials and research methods. Examination requests for applications for inventions were analyzed, for which positive decisions were eventually received, i. e. the delay in their consideration was not due to the lack of a technical solution. In the application materials, the most typical mistakes were identified and summarized with the references to regulatory documents. The provisions of these documents were explained in the text of the article and supported by references to the work of patent law specialists. The results of the study. The main mistakes detected at the stage of formal examination are made in the application, description of drawings and in the claims. At the stage of substantive examination, the experts pay attention to the applicants' misunderstanding of the rules for drawing up the claims and sections of the description that substantiate the claims. The «Background of the Invention» section is usually presented in the form of a review, in which the closest analogue is not analyzed; the technical result is not indicated; examples revealing the implementation of the claimed invention are not complete. Discussion of results and conclusions. Any mistakes detected at the stage of formal expertise can be easily corrected with careful attention to the preparation of application documents. The mistakes identified at the stage of substantive examination are of a systemic nature. They are based on the stereotypes of a specialist, who can not see patentable technical solutions and cannot plan them. It is possible to correct this situation by training young specialists in the field of legal protection and protection of inventions, utility models, industrial designs and methods of their use, even before they start their main activities. It is possible also to accompany such trainings with the study of the fundamentals of the Theory of Inventive Problem Solving. Patenting itself must be carried out within the framework of the organization's patent policy.
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