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如何用英文表达专利的独立权利要求？

The independent claim of a patent is a crucial part of the patent document, which defines the scope of protection of the invention. How to express the independent claim in English accurately and clearly is a problem that many patent practitioners often encounter. In this article, we will analyze the key points of expressing the independent claim in English and provide some practical suggestions.

Understand the basic structure of the independent claim

The basic structure of the independent claim usually includes the following elements:

(1) The technical field: It is used to describe the technical field of the invention, such as "The present invention relates to the field of [technical field]."

(2) The technical problem: It is used to describe the technical problem that the invention aims to solve, such as "The present invention aims to provide a [solution to the technical problem]."

(3) The technical solution: It is used to describe the core technical solution of the invention, such as "The present invention provides a [technical solution]."

(4) The result: It is used to describe the effect of the technical solution, such as "The above technical solution can [effect]."

Pay attention to the accuracy of the technical terms

When expressing the independent claim in English, it is essential to use accurate technical terms. The following points should be paid attention to:

(1) Use the appropriate technical terms: It is necessary to use the most commonly used technical terms in the industry, which can help readers quickly understand the technical content of the invention.

(2) Pay attention to the consistency of the technical terms: When using technical terms, it is necessary to ensure that the terms used in the independent claim are consistent with those used in the description and claims of the specification.

(3) Use the plural form of the technical term when necessary: In some cases, the technical term should be used in the plural form to express the scope of protection, such as "a plurality of [technical term]."

Pay attention to the logical relationship between the elements of the independent claim

The elements of the independent claim should be logically connected, forming a complete and clear technical solution. The following points should be paid attention to:

(1) Use logical conjunctions: Use logical conjunctions such as "and," "or," "in addition," "comprising," "including," and "characterized by" to connect the elements of the independent claim.

(2) Pay attention to the order of the elements: The order of the elements in the independent claim should reflect the logical relationship between the elements, and should be arranged in a way that is easy for readers to understand.

Pay attention to the protection scope of the independent claim

The protection scope of the independent claim is the core of the patent, so it is necessary to pay attention to the following points:

(1) Avoid over-reach: The independent claim should not include elements that are not disclosed in the specification, which may lead to over-reach.

(2) Avoid under-reach: The independent claim should not omit essential elements that should be included, which may lead to under-reach.

Examples of expressing the independent claim in English

The following is an example of expressing the independent claim in English for a patent related to a mobile phone:

Independent claim 1:
A mobile phone comprising:
a display screen;
a processor;
a communication module;
a sensor module;
wherein the processor is configured to:
receive a voice input from the sensor module;
generate a text message based on the voice input;
display the text message on the display screen.

In this example, the independent claim clearly defines the technical field, technical problem, technical solution, and result of the invention, and uses appropriate technical terms and logical conjunctions to ensure the accuracy and clarity of the claim.

In summary, expressing the independent claim in English is a critical task for patent practitioners. By understanding the basic structure of the independent claim, paying attention to the accuracy of technical terms, logical relationship between elements, and protection scope, we can effectively express the independent claim in English, which is conducive to the protection of the invention.