Re-claiming in Patent Applications
When filing a patent application, it is necessary to include the scope of the patent claims in the specification.
In most cases, the scope of the claims is explained within the embodiments of the invention described in the specification. In addition to this, the scope of the claims may be described in the specification in a form called "re-claiming".
In this re-claiming, the scope of the claims is copied, but the term 'claim' is omitted.
Examples of how to describe the scope of claims and examples of re-claiming are as follows.
・Example of description of the scope of claims
【Claim 1】
An image processing apparatus that performs 〇〇〇.
【Claim 2】
The image processing apparatus according to claim 1, which performs ◇◇◇.
・Re-claiming Example 1
The present invention is an image processing apparatus that performs 〇〇〇.
The present invention may perform ◇◇◇.
・Re-claiming Example 2
The present invention is an image processing apparatus that performs 〇〇〇.
It is preferable that the present invention performs ◇◇◇.
The reason for modifying it in this way in re-claiming is, as far as I know, to accommodate Chinese patent applications. Specifically, the following is stated in "Patent Examination Guidelines 2010, Part II, Chapter 2: Description and Claims, 2.2 Manner and Order of Description in the Description (V) Specific Embodiments," which describes the examination of Chinese patent applications.
(V) Specific embodiments: Describe the best mode contemplated by the applicant for carrying out the invention or utility model. When necessary, explain by giving examples, and if there are accompanying drawings, explain while referring to the accompanying drawings. Unless the nature of the invention or utility model makes it necessary to prepare the description in a different manner or order to save space and lead to an accurate understanding of the invention or utility model, the description of the invention or utility model shall be prepared in the aforementioned manner and order, and a heading shall be written before each part. The description of the invention or utility model must use standard terminology and clear language.
Do not use citation terms such as 'as described in claim...' or commercial advertising language. If an invention patent application contains one or more nucleotide or amino acid sequences, the description must include a sequence listing that complies with the regulations. For the submission of sequence listings, refer to Part I, Chapter 1, Section 4.2. The aforementioned manner and order will be explained in detail one by one below.
Since these Patent Examination Guidelines state that the word 'claim' must not be used in the specification, I believe that the end of the re-claiming section is modified so that it does not become an issue when filing in China.
●Reference Information / Basis Information
・Enforcement of Chinese Patent Law Implementing Regulations and Examination Guidelines (Japan Patent Office)
https://www.jpo.go.jp/news/kokusai/cn/china_patent_law.html
・Examination Guidelines Japanese Provisional Translation (JETRO) https://www.jetro.go.jp/ext_images/world/asia/cn/ip/law/pdf/section/20100201.pdf
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