What Constitutes a "Technical Problem"?
A "technical problem" should refer to an objective technical difficulty or need that an invention aims to resolve, rather than the specific method of solving it. For example, instead of stating the technical problem as "improving efficiency by adopting a component with a specific structure," one should first identify the technical performance to be enhanced, such as "how to improve the operational efficiency of a mechanical device." The essence of a technical problem lies in its role as the starting point of invention—it should be a neutral, functional description that does not presuppose the solution.
I. Why Should Technical Means Be Avoided in Stating the Technical Problem?
First, it violates the fundamental logic of patent drafting. Patent texts generally follow a three-part structure: "technical problem – technical solution – beneficial effects." If the means of solution are revealed at the problem-raising stage, it may not only result in redundancy but also lead examiners to perceive the so-called "problem" as part of the "solution," thereby causing misunderstandings regarding the essence of the invention.
Second, it affects the assessment of inventiveness. During examination, the examiner must identify the actual technical problem solved by the invention and determine whether the prior art provides any inspiration for solving it. If the technical problem itself includes specific means, it may unnecessarily raise the threshold for judgment or cause the problem to be narrowly associated with those means, thereby undermining the invention’s creativity in a broader context.
Third, it may limit the interpretation of the claims. The scope of patent protection is defined by the claims, while the description of the technical problem in the specification can be used to interpret those claims. If specific structures or methods are introduced in the technical problem, it may lead to a narrow interpretation unfavorable to the patent holder in infringement disputes or invalidation proceedings.
II. How Should the Technical Problem Be Properly Drafted?
The technical problem should be summarized in objective and broad language, based on deficiencies in the background art or difficulties encountered in practical applications.
For example:
Not recommended: "The problem to be solved by the present invention is how to improve detection accuracy by adopting a dual-sensor structure."
Recommended: "The present invention aims to address the insufficient accuracy of existing detection devices."
Following this, the "technical solution" section should elaborate on "how the dual-sensor structure improves accuracy." This approach not only ensures a clear hierarchy in the patent text but also allows greater flexibility for future amendments or responses.
Conclusion
In the process of patent application and examination responses, clearly distinguishing between the "technical problem" and "technical means" is not only a matter of drafting standards but also a strategy for securing reasonable protection and enhancing legal stability. Only by returning to the essence of the problem can the foundation of patent value be firmly established.
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