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Does the foreword have a limiting effect?

Release time:

2023-04-21 10:10

 

 

The basic structure of the patent request item can be split into: preface (Preamble), conjunctions (Transition) and the subject (Body), e.g.:"A watch with a date display window.……The improved feature is the date display window.……. 」, Among them, "a watch with a date display window" is the preface. So, does the foreword limit the scope of the patent request??

 

The introduction section is usually used in patent applications to briefly introduce the background and purpose of the invention, but whether it has a limiting effect depends on the terms used in the introduction. If the words in the foreword will affect or change the steps of the structure or method of the patent application, or have a dependent relationship with the requested item, then the words in the foreword will have a limiting effect on the scope of the requested item.

 

If the preamble refers to particular techniques or elements, and subsequent claims rely on these particular techniques or elements in describing the invention, the language in the preamble may limit the scope of the claim to include only embodiments that use these particular techniques or elements. Similarly, if the words in the preamble are not particularly limited when describing the object of the invention or the effect intended to be achieved, they will not limit the scope of the claim.

 

For example, the request item states: "A cooling system for a notebook computer, including a temperature measurement unit.……A temperature control unit……; a fan……A fan speed control unit……; and a light emitting unit……. 」 The components described in the body have constituted the complete structure of the invention for which the patent is applied, and the term "for notebook computer" in the foreword is only for the purpose of describing the complete structure of the invention and will not affect or change the structure of the cooling system, so the term has no limiting effect on the scope defined by the request.

 

As another example, the request item states: "A wireless mouse comprising……. 」 The term "wireless" in the foreword will affect or change the structure of the mouse. Regardless of whether the term "wireless" is described in the body or the complete structure of the mouse has been recorded, the term has a limited effect on the scope of the request.

 

In writing a patent application, applicants should use the language in the preamble with caution and be clear about the limitations it may have on the scope of the claim. When you need to restrict or retain a specific structure, element, or step, you should put it in the body of the request item (Body), not just mentioned in the preface, to ensure effective protection of patent rights.