2024年05月31日
特許の出願書類の書き方：背景技術～解決課題～解決手段【リライト版】
（１）基本形
（２）別の解決手段に触れるパターン
（３）さらに改良するパターン
（個人発明家の方にも多いものですが）
審査官の心証も良くなるのではないでしょうか。
＜お知らせ＞
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【ＰＲ】個人様・社長様に特化＆元特許審査官が運営する特許事務所！
「おすすめの特許事務所」「おすすめの弁理士」を目指します！
そんな東雲特許事務所（しののめ特許事務所）へのお問い合わせは、
お気軽にこちらからどうぞ！
https://www.patande.com/お問い合わせ/
（↑お問い合わせフォームが開くだけですのでご安心ください。）
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東雲特許事務所（しののめ特許事務所）
弁理士 田村誠治（元特許庁審査官）
【東京都港区新橋】【東京都中央区八丁堀】【東京都北区田端】
【稀有な経歴】特許技術者→特許庁審査官→特許事務所運営
【楽しいホームページ】
個人発明家・小規模事業者専門の東雲（しののめ）特許事務所
https://www.patande.com/
【特許ドットコム】
個人・小規模事業者のための特許出願
https://tokkkyo.com/
【実案ドットコム】
個人・小規模事業専門＆元特許審査官による実用新案申請代理
https://www.jitsuan.com/
【商標ドットコム】
信頼・明確・安心の商標登録申請代理＜商標ドットコム＞
https://www.shohyou.com/
【ここだけの情報満載のブログ】
個人発明家向け特許・発明教室～目指せ一攫千金！～
https://www.tokkyoblog.com/
【本音モードのブログ】
弁理士のプライベートブログ～弁理士の視点＆審査官の視点～
https://ameblo.jp/s-tam1104/
【Facebook】
Facebookページで、より密な情報交換の場をご提供します。
https://www.facebook.com/shinonomepat
【note】
noteはじめました！ブログとYouTubeを同時に楽しめます。
https://note.com/tokkyoblog
https://youtu.be/sJgjSOk72i4
音は出ませんのでぜひご覧ください
＜機械翻訳＞
How to write patent application documents: Background technology - Problems to be solved - Solutions [Rewritten version]
This article is the basics of the course on how to write patent application documents.
I will teach you the basic way to write the opening section of a patent application document, which is
- Background technology
- Problems that the invention is trying to solve (Problems to be solved)
- Means to solve the problems (Solutions).
This section is the most important part of a patent application document.
Please use it as a reference.
<Three patterns of background technology - problems to be solved>
(1) Basic form
(2) Pattern that mentions another solution
(3) Pattern of further improvement
■(1) Basic form
Conventionally, it was A.
A had a problem called B.
So, it was solved by C.
This is the simplest way to write. Simple is best.
I will explain the two ways of writing below.
These two ways of writing make the description of the problems to be solved complicated.
If you transform them well, they will all become the basic form above and you can write them simply.
■(2) Pattern that mentions another solution
Previously it was A.
A had a problem called B.
C1 was available as a solution to B, but it had problems.
So it was solved by C2, a different solution to C1.
In this case, C1 is merely introduced.
If it is not necessary, you should not need to mention C1.
This will make it the basic form of (1) and you can write it simply.
<Example>
Previously it was mosquito coils.
It was dangerous because it used fire.
There were electric mosquito repellents, but the smell was a problem (★).
So a spray-type repellent was developed.
You can think that the part marked with (★) does not need to be explained.
So you can write it simply as follows.
Previously it was mosquito coils.
It was dangerous because it used fire.
So a spray-type repellent was developed.
■(3) Pattern that makes further improvements
Previously it was A.
A had a problem called B.
C was available as a solution to B, but it had problems.
So C was improved and the solution was achieved with C'.
This pattern also makes the description of the problem to be solved complicated.
In this pattern, the real problem is not B, but C.
So consider up to C as the problem to be solved.
This leads to the basic form of (1), which can be written simply.
<Example>
Previously, it was mosquito coils.
It was dangerous because it used fire.
A spray-type pesticide was developed, but it was dangerous if children played with it.
So a locking mechanism was added to the spray-type pesticide.
↓ Simply
Previously, there was a spray-type pesticide (as an alternative to mosquito coils).
It was dangerous if children played with it.
So a locking mechanism was added to the spray-type pesticide.
●
What did you think?
(2) and (3) can also be written in this way.
However, it is tricky to give a lengthy explanation because too much effort is put into explaining the invention.
(This is also common among individual inventors.)
The above sections are very important in patent application documents.
The examiner will likely read over them (although they may not read all of the examples).
Don't write too complicatedly, write simply and clearly.
This should leave a good impression on the examiner.
