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Experience Sharing of Drafting the invention patent "Method and Device of Reference Signal Transmission" (Patent application No. 201810893426.2)
View: 578 Date: 2024-08-05 10:39
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Foreword
Through the selection of national typical invention patent Drafting cases, patent agencies and attorneys can effectively promote the understanding and learning of high-quality patents, so that patent agencies and attorneys can learn from the whole process of high-quality patents in different technical fields, which is of great significance to the high-quality development of patent agency industry.
Brief introduction of the case
In 2023, the national typical invention patent drafting case was awarded the case " Method and Device of Reference Signal Transmission " (patent application No. 201810893426.2) , which mainly used mapping rules to indicate the correspondence between available SRS frequency domain resources and original SRS frequency domain resources, according to which the SRS transmitted on available SRS frequency domain resources is determined and to solve the problem that the network device can not accurately know the uplink channel quality of the terminal device. The case was filed on August 7, 2018, responded to 1 office action, and be granted on April 22, 2022. The following is the experience sharing of the drafting process of this case, for all patent attorneys and other industry related personnel references.
1. Carry out patent agency work with quality-oriented
Before drafting
(1) Understand the macro layout
Meet the needs of innovation entities and plan escort strategies
Aim at patent operation, help patent transformation and application
Understood the industrial chain corresponding to the technology involved in the case, so as to determine which link in the industrial chain the technology involved was located, determined the protection subject corresponding to the case and the upstream and downstream of the industrial chain where the protection subject was located.
Understood whether there was a need for overseas layout in this case, so as to adapt to the examination standards of the target countries of the overseas layout, and comprehensively drafted the layout in the application documents. Understood the applicant's patent application status and protection priorities for relevant technology related to the case.
Understood whether there was a corresponding standard proposal in this case, as well as the applicant's invalidation, litigation and other related dispute situation, in order to further predict the direction of drafting from the perspective of combining the applicant's needs, standard consistency, easier collection of infringement evidence.
Combining with the case, first determined the field of the case was communication technology, involving the transmission of reference signals in the field of communication, the subject of protection involved in the case included terminal devices (for example, mobile phones, computers, etc.), processing chips in terminal devices, network devices (base stations, etc.), processing chips in network devices, etc.
Determined the follow-up layout needs of other overseas countries of the case, so the layout and drafting method of the application documents matched the examination standards of several countries. In addition, the case involved the proposal of communication standards, therefore, when drafting the application document, combined with the possible subsequent trend of the standards and the drafting needs of the benchmarking case, fully expanded the application document, used the expression that matched the standard as far as possible, and filed the case before the proposal date.
(2) The invention point of the patent disclosure
Clarify the technical chain of the industry and deep understand the technical frontier
Master the technical language of the industry and communicate effectively with inventors
Carefully read the technical materials, and conducted self-study based on the technical materials (for example, searched the information on the Internet, read the relevant patents, etc.), in order to have sufficient basic knowledge reserve, ensure the maximum understanding of the technical materials, master necessary industry terms and accurate technical expressions for drafting. For example, regarding this case, fully searched and collected information to understand the background knowledge of detecting reference signals, the detailed process of transmitting detecting reference signals in prior art, and the detailed derivation process for the generated technical problems. Fully understood the transmission process of the detection reference signal in this case, and the related content of resource allocation in the transmission process.
Based on the in-depth understanding of technical materials, sorted out the scheme to clarify the application scenario (the scenario in which the terminal device transmits the detection reference signal to the network device), the protection subject (the terminal device, the chip in the terminal device, the network device, the chip in the network device), the prior art and the technical problem (the existing transmission method of the detection reference signal causes the network device to be unable to accurately know the uplink channel quality of the terminal device), the technical idea (adopt mapping rules to indicate the correspondence between available SRS frequency domain resources and the original SRS frequency domain resources, according to the correspondence relationship, to determine the SRS transmitted on the available SRS frequency domain resources), technical solutions, and the issues that need to be communicated with the inventor, etc. Based on the above combing, determine the communication outline, which included the content obtained by the above combing.
According to the communication outline, conducted technical communication with the inventor. In the process of communication with the inventor, grasped the overall communication direction, and reasonably guided the inventor to answer the technical confusion.
(3) Search for prior art
Strengthen the awareness of patent search and improve the ability of patent search
Raise the threshold for patent application and strictly monitor the source of patent application
Before drafting the application documents, conducted sufficient search to avoid the novelty of the application documents being significantly affected by the comparison documents, and thus effectively improve the patent grant rate.
In the search, firstly analyzed the technical scheme, determined the basic search elements. Determined the basic key words and classification number of each basic element. To expand the basic keywords and get rich keywords. Conducted the search based on the search elements and the constructed searches of rich keywords.
Based on the search results, fully excavated and expanded the technical scheme of this case.
In combination with this case, the basic search elements can be determined as follows: communication technical field + key invention points (adopt mapping rules to indicate the correspondence between available SRS frequency domain resources and the original SRS frequency domain resources, according to the correspondence relationship, to determine the SRS transmitted on the available SRS frequency domain resources), and the basic keywords can be determined based on the search elements, including: Communication, reference signal, mapping, resources, channel quality, etc., to determine the classification number includes: H04W, H04L5/00, H04L1/00, etc., to expand the above keywords, for example, to determine the corresponding English description of each keyword, English abbreviation, synonyms, etc., to get a richer keyword, conducted search based on the constructed searches of rich keywords.
Drafting
(4) Invest enough time
Increase the time investment in drafting and create the spirit of craftsmanship of the industry
Control the number of attorneys per capita and ensure service quality orientation
The attorney needed sufficient time to read and understand technical materials, communicate with technical personnel, and communicate with the patent manager about the patents, conduct prior art search, determine the scope of protection of claims based on the search results, lay out the dependent claims, draft the specification, and optimize the application documents.
Based on the technical difficulty of the case, drafting requirements and the way to cooperate with the applicant, the attorney carried out a reasonable work time planning before the operation, including: about 2 days to fully understand the technical materials, form a completed communication outline, and complete the technical communication with the inventor based on the communication outline.
0.5-1 days to carry out prior art search, and based on the search results to conduct in-depth exploration and expansion. 1-2 days to draft claims and discuss with the applicant, after the claims were determined, then use about 2 days to write the specifications to form a completed application document, regarding the application document, conducted at least two reciprocating amendments and communication with the applicant to get the final application document.
(5) Draft with enough pages
Thoroughly draft the implementation method and rigorously describe the technical details
Determine the subject and clarify the statement to present the completed invention idea
In the specific implementation of the application document, the communication system applicable to the case was first introduced, and the network architecture applicable to the case was introduced in combination with Figure 1. In order to facilitate a better understanding of the scheme of the case, combined with FIG. 2-Fig. 3, the technical points related to the case and the generation process of technical problems were explained in detail, and on this basis leaded to the technical idea of the case.
In combination with Figure 4, the examples corresponding to the independent claims were introduced. In order to facilitate understanding, the examples corresponding to the independent claims were drafted from the perspective of the interaction of the unilateral executing subject, that is, the examples of the independent claims correspond to the independent claim 1 and the independent claim 8. The examples of the independent claims include the following parts: the technical plan corresponding to the independent claims, the detailed and sufficient explanation of each feature in the technical plan, and the technical effect brought by the examples corresponding to the independent claims.
The first indication information and the second indication information in the overall scheme were the more important features. As a standard essential patent, the transmission mode of the first indication information and the realization form of the first indication information were illustrated with many examples in the specifications to cope with the subsequent formulation and evolution process of communication standards.
The key point of this case lay in the mapping rules, and the dependent claims also had more explanations for the mapping rules. This case involved a variety of mapping rules. In order to facilitate the understanding of the variety of mapping rules, this case gave a vivid description of different mapping rules based on text descriptions, combined with Figures 6-18, and further showed the gain content through the figures, so as to facilitate readers to understand the case.
In addition, for other technical points, the fully drafted implementation method was adopted in examples, such as "resource unit", "starting point of resource index", "same frequency domain location", etc., all of which were given a variety of possible implementation ways, in order to make adequate preparations for the subsequent amendment of claims and the corresponding interpretation of standard etc.
In any of the above examples, at least two examples were given for the upper technical features of the claims, so that the claims can be supported by the specifications. Decoupling between the different features. For any implementation method in the examples, if the implementation method had a beneficial effect, the corresponding beneficial effect was described in the examples. Through the above drafting method, there was enough space for the subsequent amendment of the application document in response to communication standards and in response to novelty and inventiveness examination.
In the drawings to the specifications, detailed figures were given respectively for the network architecture, independent claims, and dependent claims. Through the figures can directly reflect the technical field, technical idea, network architecture, key schemes, etc., and through the figures can express more gain information than the written records of examples, to provide more favorable support for technical understanding, examination process, and collection process infringement evidence.
(6) Reasonable layout of claims
Return to the original intention of the patent system and effectively protect and defend patent right
Delimit the scope of protection according to the actual technical contribution
As for the layout of claims, it was necessary to make a reasonable layout based on the requirements of the examination stage, the invalidation stage, and the infringement and litigation stage. Among them, in the examination stage, required to gradually limit the scope of protection of the claims, and flexibly amend the claims. In the invalidation stage, required to gradually limit the scope of protection of the claims, flexibly amend the claims, and ensure the stability of the scheme. In the infringement and litigation stage, required to fully cover a variety of forms, a variety of possibilities of infringing products. Based on the above requirements, the layout of the claim structure can include the following parts:
About the subject: Based on the principle of industrial chain distribution, the principle of unilateral drafting, and the principle of comprehensive coverage, make the layout to protect the subject. For example, this case deployed method claims, device claims, and computer readable storage media claims respectively from the terminal device side and the network device side.
About independent claims: Drafted independent claims based on technical ideas, made reasonable scope of protection and maximized the scope of patent rights to ensure that the independent claims can cover the infringing products at the infringement and litigation stage. Moreover, for the subsequent needs of the benchmark of the case, the language description was as close as possible to the standard terms, described the content of the final presentation of the standard in a static limited way, and write as few as possible the actions that are not possible to appear in communication standards (such as the internal realization of the device, etc., which are detailed in the specifications).
About dependent claims: On the one hand, the dependent claims were required to have layers and interlayer. In this way, the scope of protection of the claims can be gradually narrowed and the claims can be amended flexibly in the examination stage and the invalidation stage. For example, claim 2 was the interlayer of claim 3 and claim 4, and through claim 2-claim 6, there were hierarchical lower first indication information and mapping rules.
On the other hand, dependent claims were required to have a detailed, landing scheme, so that the stability of the patent can be ensured. For example, through claim 5- claim 6, gave detailed first indication information.
In addition, the language of the dependent claim was required to match the communication standard, and the first indication information, the second indication information and the mapping rules were presented in a static way, which was consistent with the content form presented by the communication standard.
After Drafting
(7) Improve the quality inspection mechanism
Strict quality process management, multi-level internal quality inspection
Collaborate with innovation entity to review the application document, timely feedback and communication
According to the requirements of the applicant, completed the first draft on time. After the first draft was completed by the patent attorney, the senior patent attorney conducted a strict quality review, for example, from the technical point of view and from the patent point of view. After receiving the feedback from the applicant, actively communicated with the applicant and revised the application documents. The senior attorney has rich working experience for years in the field of cases, has experience in the invalidation/litigation of communication standard cases, and has a full anticipation of the subsequent substantive examination, invalidation and possible form defects in the litigation process, as well as how to reflect the novelty and inventiveness.
Under Examination
(8) Comprehensively considering the response plan
Balance protection and grant, and carefully formulate response strategies
Avoid unnecessary limitation and realize the purpose of patent protection
Comprehensively sorted out the problems pointed out in the office action, and determined that there were inventiveness problems, as well as multiple reference problems in this case.
In view of the comparison documents introduced in the office action, checked the date of publication of the comparison documents to judge whether the comparison documents introduced by the examiners were reasonable. For example, the comparison documents given in the office action were used to evaluate the inventiveness of some claims, so it was necessary to check whether the publication date of the comparison documents was before the filing date of this case.
To solve the problem of inventiveness, read through the application document and the comparison document to fully understand the technical scheme to be protected, and made it clear that claim 1 had less inventiveness than the comparison document, and claim 2 had more inventiveness than the comparison document. According to the current standard situation and the technical personnel confirmed that the scope of protection of claim 2 was reasonable, based on this, claim 2 was merged into claim 1 to overcome the problem that claim 1 had less inventiveness.
2. Scientific pricing
Promote a quality-oriented patent agency pricing mechanism to upgrade the industry level
Establish a new income model for attorneys based on quality to attract high-quality talents
By improving the quality of patents, the interests of the applicant can be effectively protected, and the overall competitiveness of the applicant can be improved, so as to promote reasonable agency pricing, and then enhance the level of the agency industry. On the basis of reasonable agency pricing, it can effectively improve the overall income of attorneys, and then attract more high-quality talents to join the agency industry.
To be more specific:
The considerations of patent agency pricing: technical difficulty, the maturity of the disclosure materials, the cooperation of the technical personnel of the applicants, the maturity of IP management, the quality needs for the application documents of the applicants, etc., objectively determine the delivery time of the application documents and the matching attorney, so as to carry out quality-oriented scientific pricing.
New model of attorney income: according to the working years, the annual number for representing cases in the field of employment, the technical difficulty and the service quality for the innovation entities, to implement hierarchical income management, attorney talent training and level promotion management.
3. Cultivate high-end patent services
Develop international perspective and plan overseas layout in advance
Pull through the industry chain and build gold medal service institutions
In order to better serve the applicants, we provide the applicants with a global patent deployment strategy in every link of patent application, so that the applicants can use their technology more flexibly. In the process of patent service, a comprehensive understanding of the upstream and downstream technology corresponding to the content to be protected, the overall industry status, as well as the patent status, to create a solid patent barrier for applicants, specifically:
About the international perspective: fully understand the needs of overseas layout and the target countries, draft the pre-layout prediction, and understand the examination standards of target countries, the application claims, the overall layout of the specifications. In the process of responding to the office action, pay attention to the examination progress of overseas patents and the response strategy in the examination process. Be good at using priority, divisional application and other procedures to provide more strategic choices and amendment opportunities for the applicants.
About the industry chain: fully understand the industrial ecology, clearly define the links of the application content in the industrial chain, as well as the upstream and downstream ecology, and carry out a compatible and comprehensive layout in the application documents to form a comprehensive protection for various possible infringements.
4. Summary of experience for representing this case
In order to ensure good patent quality, it is necessary to improve each patent link:
Before drafting: we need to understand the macro layout (industrial chain, overseas layout needs, the situation, standards/proposals related to the patent application). Having good ability of learning, summary and communication, to ensure effective technical communication with the inventor. Having good ability of search and mining ability, and based on the search conclusion of the case to fully explore and expand.
In the drafting: reserve enough time to draft the case, based on the in-depth understanding of the drafting needs of the communication standard and the standard formulation process, make reasonable layout of the claims and expression. Combined with the static limitation in the claims, the specific internal realization process is fully and clearly expressed in the examples, and various possible technical solutions are given to cope with the formulation and evolution of the standard.
Maintenance stage: After filing of the application, strictly monitor all kinds of time limits, and at different time nodes to provide corresponding tips and suggestions to the applicant (e.g. voluntary amendment, divisional application, entry to target country, etc.).