I. Key Legal Requirements
Article 26(4) of the China Patent Law imposes two core requirements for claims:
1. Support by the Description: The technical solutions in claims must be fully disclosed in the specification.
2. Clarity and Conciseness: Claims must clearly and succinctly define the scope of protection.
II. Response Strategies to Typical Examination Opinions
For objections alleging lack of support, adopt a Three-Step Response Strategy:
Step | Action | Key Considerations |
1. Identify Issues | Determine the specific basis for the objection:
• Overly broad generalization of generic concepts
• Improper functional limitations
• Insufficient numerical range support
• Undisclosed technical solutions | Cross-check the examination opinion against the specification. |
2. Analyze Validity | Evaluate whether the disputed feature:
• Reflects common technical characteristics
• Enables reasonable prediction of effects
• Is supported by sufficient embodiments | Emphasize logical reasoning for "commonality" and "predictability." |
3. Respond | Choose between:
• Argumentation (emphasize technical commonality)
• Amendment (incorporate specific embodiments) | For functional limitations, supplement implementation details. |
III. Case Study: Vehicle Wind Noise Analysis Method
Background: A patent application for a wind noise analysis method was challenged for overly broad claims regarding the "prediction function."
Key Dispute：Whether all methods for constructing the prediction function could achieve improved accuracy.
Resolution Strategy: Amended Claims:
Added steps from dependent claims:
"Multiply the noise transfer function by the flow field load function to obtain a first function, then subtract a calibration function."
Specified technical criteria:
"Noise risk condition: adjacent peak differences > threshold within frequencies below a second frequency."
Outcome: The amended claims addressed support deficiencies, leading to successful grant.
IV. Practical Takeaways
1. Functional Limitations: Must correspond to specific implementations in the description.
2. Numerical Ranges: Provide embodiments for endpoint values.
3. Method Claims: Detail algorithmic steps and critical thresholds.
4. System Claims: Clarify module interactions and operational logic.
Pro Tip: Prioritize amending claims with disclosed features to enhance grant efficiency.
Note: Balance the strength of specification support with desired claim scope. Structured amendments often yield faster outcomes than prolonged argumentation.
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