rus
The current official International patent
classification (IPC) to a large extent has lost its practical value. In this regard, it is appropriate to develop an alternative classification oriented
to the practical needs of inventors. For example,
it is interesting to consider classification
of devices (they are objects of bulk of inventions), which will allow to find out some regularities
of their patenting.
classification (IPC) to a large extent has lost its practical value. In this regard, it is appropriate to develop an alternative classification oriented
to the practical needs of inventors. For example,
it is interesting to consider classification
of devices (they are objects of bulk of inventions), which will allow to find out some regularities
of their patenting.
Теги: international patent classification patenting inventions probe microscope зондовый микроскоп международная патентная классификация патентование изобретений
The IPC contains sections, classes, subclasses, groups and subgroups, with the help of which every invention can be associated with an alpha-numeric designation, corresponding to its technical nature. For example, the designation G01B 1/00 corresponds to the inventions that represent "Measuring instruments characterised by the selection of material therefor". IPC is constantly being improved – in connection with the development of technologies new categories are created. In version 2014.01 entered since January 1, 2014, in comparison with version 2013.01, 637 new headings was added. As a result, the IPC currently contains 71444 headings.
Work on development of IPC is huge, but whether the cost corresponds to the benefits from the practical application of classification? Firms, assisting inventors in patent searching, certainly derive benefits. Agreement on patent search service containing letters and numbers, which are unclear to inventors, looks impressive. It is not a pity to pay some tens of thousands of rubles for such contract. And if to add couple more of headings, having convinced the inventor that it is very important to choose one most correct heading from all their variety, the amount of the contract can be increased twice. Well, what is the benefit to all the rest of us? Practically no.
In pre-computer days the IPC was really useful – you went to patent library, took the folder with these magic figures, and in it the patents which are very similar to your invention lay. So a patent search was carried out. Now, in most cases, it is enough to type some keywords from the invention in the corresponding column of a free search engine, and you will get much more information than was in the magic folder of "ancient" times. And IPC by such search at all isn't required to you.
To be fair, it should be noted that IPC can provide benefits in the area for which it isn't intended. Some subgroups are described so in detail that on their basis it is possible to make invention formulas. For example, the subgroup G02B 7/10 corresponds to "mountings, adjusting means, or light-tight connections, for optical elements for lenses with mechanism for focusing or varying magnification by relative axial movement of several lenses, e.g. of varifocal objective lens" (by the way, this subgroup was found by opening at random the IPC reference book).
In author's practice even there were cases, when beginning inventors brought, as they thought, inventions, but in IPC there were analogs very close to them. Referring to these analogs it was possible to refuse issue of the patent.
Classification of devices
Considering the above, there is a sense to use alternative classifications. For example, it is interesting to consider classification of devices (they are objects of bulk of inventions), which will allow to find out some regularities of their patenting. In order to avoid confusion, we will introduce new terminology for types of inventions.
We will conditionally divide all inventions of devices into the following classes:
Devices with possibility of independent use.
Devices with possibility of independent use, but as a part of more complex systems.
Devices, patented through separate new units.
The well-known devices combined with well-known devices.
Multifunctional complexes.
Certainly, there are also the intermediate options having evidences of two or more classes. In some classes of inventions it is possible to find smaller divisions which we will call types. Let's discuss each class separately and note features of its patenting.
Devices with possibility of independent use
The first type is the most numerous. It includes three types of objects.
Devices which can be used without any additional conditions belong to the first type. For example, device for the growth of carbon nanotubes by pyrolysis of ethanol, patent RU2365674, or double-loop rotary apparatus, patent RU2382682. Some features of patenting of this type in relation to nanotechnology were discussed in details in [1,2,3].
An additional feature of patenting can be associated with providing a masking protection of a complex as a part of which devices are used. In this case there is no need to specify true purpose of each patented device and its application. For example, coordinate tables, drives and guides can be used individually, but can be included in a complex which has independent commercial value. Patenting of whole complex can be impossible, or impractical, for example, so as not to "advertise" it in front of competitors. If you occupy a small share of the market, through sales you, most likely, won't be found, but if you take out patents, on keywords you will be found at once. After that, both in "West", and in "East", competitors will carefully consider your invention that to challenge it. Patenting of independent units will help to remain in "shadow", and, at the same time, will allow to protect the whole complex from claims of competitors. Certainly, the publication with disclosure of the layout scheme of a complex will be helpful.
The second type of independent devices doesn't demand concealment of possibility of their use as a part of a complex. In this case in the description of operation of the device it is possible not to hide its true purpose. For example, in the patent RU2254640 for a coordinate table its work is described as a part of the scanning probe microscope (SPM), that make the patent more clear and at the same time better define the technical results. Thus the text of the patent is filled with the so-called "meat", the shortage of which is always noted by foreign patent experts in the Russian patent applications. By consideration of the detailed patent application it is much easier to find additional features for inclusion them in an invention formula, for example, to raise inventive level of the patent. Also it is easier to justify the correctness of the introduction of new technical results.
For example, in the patent RU2254622 for cryogenic input its work as a part of SPM, but already in the vacuum chamber. It further increases the possibility of search of new features and new technical results, if it will necessary in the course of examination. It is necessary to emphasize that both described devices can have completely independent application. At the same time, there are cases, when there is no need to do the detailed description of operation of the patented device as a part of a complex, but mention of such opportunity can be expedient, primarily for the promotional purposes. For example, this is done in patents RU2498321, RU2297072, EP0823738 for inertial stepper motors and patent RU2374746 for electrostatic micro-, nano-motor.
The third type includes devices that can be used in various types of equipment. For example, the shaper Morashtite flows radiation, patent RU2486626, can be used in x-ray diffractometers, OTDR, detectors, spectrometers x-ray fluorescence analysis, as well as for ultraviolet and x-ray lithography. In this case, to describe patentable device composed of a specific equipment, most often, it is not necessary, but to adapt it to various equipment it is possible to identify additional distinctive features.
For example, the low-divergence radiation flux former, the patent RU2486626, can be used in x-ray diffractometers, reflectometers, flaw detectors, spectrometers of x-ray fluorescence analysis, as well as for ultraviolet and x-ray lithography. In this case, as a rule, there is no need to describe patented devices as a part of the specific equipment, but in the field of their adaptation to various equipment it is possible to reveal additional distinctive features.
Devices with possibility of independent use,
but as a part of more complex systems
Complex systems typical for high-tech industries usually consist of a large number of independent subsystems, which are also quite complicated and patentable. But in this case happens difficult to bind them to the parent system. Depending on this binding devices are divided into two types.
The first type includes devices that have the ability to self-functioning, but at the same time are rigidly attached to the parent equipment. Such binding may appear in the title of the invention. For example, "Ultrahigh-vacuum scanning probe microscope" (patents RU2152103 and RU2161343), "Cryogenic scanning probe microscope" (patent RU2271583), "Small probe microscope" (patent RU2258901). Distinctive feature of this type of devices almost always are the connecting module with the parent system and constructive additions of the layout scheme, due to the specific operating conditions.
In the ultrahigh vacuum microscope connecting elements are vacuum flanges 1 (fig.1, 2) of vacuum chambers and in the cryogenic and small probe microscopes – sealed flanges 1 (fig.3, 4) of cryogenic chambers. It should be noted that in all four cases, these flanges are adapted to newly developed modules. In fig.1 on a flange 1 usual springs 2 and the vibro insulation 34, made in the form of low-temperature springs, are fixed. In fig.2 the lower part of the flange 1 is ultrahigh-vacuum, and the upper part – low-vacuum. In fig.3 the flange 1 includes low-vacuum sealings of a rotating shaft 26 and of the rod 36 carrying out linear movement, and adjustable spring 4 for vibro insulation. In fig.4 flange 1 includes sealed connectors 44, 45 and thermal insulation (thin tube) 9. Some of the above listed items have been included in the patent claims, the other part could be included if it will necessary in the process of consideration of patent application.
Now some words about the additions (adaptations) caused by operating conditions. In fig.1 it is an intermediate mass 33 with cool conductor 32, providing reduction of vibrations from the external cryostat (not shown). In fig.2 it is, first of all, the low-vacuum camera formed by the first bellows 2, a platform 3, the bush 10 and second bellows 11, which is in ultrahigh vacuum. In fig.3 it is a system of platforms 7, 8, the rod 31 and the flange 33, providing heat insulation between the flange 1 and the sample 25. In fig.4 it is a compact system of approach of the probe 28 and the sample 40 (elements 7,10,11 and 15), allowing to place the device in a helium cryostat. All of these elements are the features of the invention. Thus, this type of inventions has two additional areas of application of inventive talent: the zone of connection with the main equipment and area of adaptation to it.
For the second type, as well as for previous, remains the need of the description of the entire complex. For example, fig.5 shows the installation of the ultrahigh-vacuum SPM (fig.1) in the vacuum chamber containing plates 55 and magnets 56, which provide damping of a platform 3 by eddy currents, the manipulator 50, the screw 57, the stoppers 58 and the bearing 59 for an overload of samples in a fixed position of the SPM. All these elements also are the "meat" of the application, which makes it more comprehensive and can form the basis for the introduction of additional features into a formula of the invention at examination. Fig.6 shows the placement of small SPM (fig.4) in a sealed chamber with cryogenic input 90, which provides additional cooling of the working flange 37 through cool conductor 89. Given these circumstances, patenting of such devices usually doesn't cause difficulties, as the main problem – finding of distinctive features – is easily solved thanks to additional zones of search.
The aggregates, which can't independently function without parent system, belong to the second type. For example, the multi-probe module for a scanning microscope (fig.7) in the patent RU2306524 can scan a sample by means of piezo-tubes 2 and 8, and also provide replacement of probes 12 by their lifting by a stopper 25, which is rotated by the drive 27. But without SPM, which include the sample, system of its approaching with a probe 12 and the control unit, the multi-probe module, most likely, isn't useful. However, this type of device can be patented as an independent unit.
Also closer binding of the patented separate devices to the parent system is possible. For example, the multi-probe sensor for the scanning probe microscope (fig.8) in the patent RU2244256 includes the base 1 on which contour the consoles 2 having rigid parts 3 and flexible parts 4 are fixed. The same belongs to a probe on the basis of the quartz resonator for a scanning probe microscope (fig.9), the patent RU2297054, including the first 4 and the second 5 needles which are fixed, respectively, on the first 2 and the second 3 shoulders of the quartz resonator 1. These devices can't be used independently, but they too can be patented as separate units, having paid even more attention to their use in the parent module.
Certainly, such devices are patented and without description of parent system, as, for example, a tip for measurement of mechanical properties of the materials (patent RU2126536), made of fullerite, which can't be used outside of a measuring complex. The same approach is implemented when patenting a ion source with closed electron drift (patent RU2030807), which can be used only as a part of the vacuum chamber. But these patents are taken out at the end of the last century, and is unsuitable to use them as samples. Considering the raised requirements of examination, it is better to err. For example, use of the sensor is presented in the patent RU2244256 by the mechanisms of its rotation (fig. 10) which includes a platform 20 with the holder 24, the control unit 26, and also analysis system with the laser 27 and a photodetector 28. For such inventions is quite simple the transition to new object of patenting – the whole complex is quite simple. But thus there is a choice: to patent separately unit, or all device through this unit. For the solution of this question we will consider the third type of patents.
Devices, patented through separate new units
Devices can be patented through new units entering them. For example, scanning probe microscope (patent RU2494406) is patented through the probe 3, fixed on a quartz resonator 6 (fig.11), which has the shoulders of different lengths. It was necessary to patent the entire device with piezoscanner 2, base 8, the sample 10 and rude supply 4, due to claims of competitors. Technically, this was solved quite simply: in restrictive part of a formula of the invention the probe, and in distinctive part – its modernization was specified.
Let's review one more example. The main element of the invention according to the patent RU2152063 (fig.12) for a scanning probe microscope represents the three-probe sensor consisting of elastic elements 12,13, 14 with the needles 15, 16, 17. However, it is possible to provide operability of the probe sensor only due to swing of the holder 6 for simultaneous op-timum installation of needles 15, 16, 17 concerning the measurement plane, that can only be achieved as part of the SPM. This determined the need for patenting the entire device. That is, the choice of patenting of the device through the unit can be defined both "political", and technical reasons.
The well-known devices combined
with well-known devices
The fourth class described in detail in [1,4]. Often a new direction in science and technology arises when combining known technologies [5]. This approach is advantageous because it allows you to create a new one when using the known. But in the patenting of such complexes there are problems when examination opposes to combined devices known decisions separately. Therefore as it was already noted in [1,4,5], at combination of known devices it is advisable to use interpenetration of features, that leads to a certain modification of known devices and additional technical results.
The multipurpose complexes including
a large number of independent subsystems
The fifth class, somewhat, is a development of the fourth (there two known devices were united in a complex, here –a lot of), but it is allocated in separate group because of specific features of patenting. This question was considered in [1]. In brief: for a multipurpose complex it is necessary to allocate a uniting module which connects the maximum number of subsystems. In nanotechnological complexes according to the patents RU2308782 and RU2390070 the transport system which is individual for each complex became such uniting module. However, it is natural as at integration even completely known subsystems there is enough of problems, and, as a result, – the new features, allowing to solve them. But it is necessary to notice that in complexes transport systems can be a subject of patenting (RU2158454, RU2380785) – in this case they can be considered as multipurpose complexes.
Exceptions are possible also. For example, in a nanotechnological complex (RU2010128740) the part of transport system was included in restrictive part of a formula of the invention, and its modification in – distinctive. Thus the known modules located in a new configuration and having additional communications with the modified transport system didn't leave chances to examination on refusal in issue of the patent.
The second feature of patenting of multipurpose complexes is connected with that besides association of known subsystems, is expedient to include in a complex something essentially new even if this new isn't used now, and is planned to use in the long term. For example, in the patents RU2498321 and US8312560 for the multipurpose probe microscope, providing complex research of the sample with 6 quick-change heads 13 and 16, original holders of the needle 15 and the cantilever 18 were used (fig.13). This feature is reflected in the dependent claims, but could be used in any version of device that allowed to defend primary formula of the invention and its independent point in initial, most "strong" form. The needle 15 (fig.14) is fixed in the V-shaped groove 66 by a screw 69, which is located with an axial offset L1. The chip (carrier) 74 with the flexible console (cantilever) 72 pressed against the stoppers 83, 84 with eccentric 86 (fig.15).
The practical use of classification
Using the proposed classification, having established a class and type of the invention, it is possible to define areas of search of new features and to identify the additional features which haven't been found at the beginning of work.
As experience shows, the inventor with experience, and the patent engineer often getting "tired eyes" and the desired features are not detected at the right time. For example, when the author prepared an application for ultrahigh-vacuum SPM (fig.1), wasn't paid due attention to connection and adaptation with the parent equipment where it would be possible to make the following improvements: to agree rigidity of vibro insulation 34 with cool conductor 32; to perform it compound with the materials, having low heat conductivity; ; to eliminate resonance of intermediate mass 33 with the platform 3. It would allow to enter additional features in a formula of the invention and to increase the protection ability of the patent. ■
Work on development of IPC is huge, but whether the cost corresponds to the benefits from the practical application of classification? Firms, assisting inventors in patent searching, certainly derive benefits. Agreement on patent search service containing letters and numbers, which are unclear to inventors, looks impressive. It is not a pity to pay some tens of thousands of rubles for such contract. And if to add couple more of headings, having convinced the inventor that it is very important to choose one most correct heading from all their variety, the amount of the contract can be increased twice. Well, what is the benefit to all the rest of us? Practically no.
In pre-computer days the IPC was really useful – you went to patent library, took the folder with these magic figures, and in it the patents which are very similar to your invention lay. So a patent search was carried out. Now, in most cases, it is enough to type some keywords from the invention in the corresponding column of a free search engine, and you will get much more information than was in the magic folder of "ancient" times. And IPC by such search at all isn't required to you.
To be fair, it should be noted that IPC can provide benefits in the area for which it isn't intended. Some subgroups are described so in detail that on their basis it is possible to make invention formulas. For example, the subgroup G02B 7/10 corresponds to "mountings, adjusting means, or light-tight connections, for optical elements for lenses with mechanism for focusing or varying magnification by relative axial movement of several lenses, e.g. of varifocal objective lens" (by the way, this subgroup was found by opening at random the IPC reference book).
In author's practice even there were cases, when beginning inventors brought, as they thought, inventions, but in IPC there were analogs very close to them. Referring to these analogs it was possible to refuse issue of the patent.
Classification of devices
Considering the above, there is a sense to use alternative classifications. For example, it is interesting to consider classification of devices (they are objects of bulk of inventions), which will allow to find out some regularities of their patenting. In order to avoid confusion, we will introduce new terminology for types of inventions.
We will conditionally divide all inventions of devices into the following classes:
Devices with possibility of independent use.
Devices with possibility of independent use, but as a part of more complex systems.
Devices, patented through separate new units.
The well-known devices combined with well-known devices.
Multifunctional complexes.
Certainly, there are also the intermediate options having evidences of two or more classes. In some classes of inventions it is possible to find smaller divisions which we will call types. Let's discuss each class separately and note features of its patenting.
Devices with possibility of independent use
The first type is the most numerous. It includes three types of objects.
Devices which can be used without any additional conditions belong to the first type. For example, device for the growth of carbon nanotubes by pyrolysis of ethanol, patent RU2365674, or double-loop rotary apparatus, patent RU2382682. Some features of patenting of this type in relation to nanotechnology were discussed in details in [1,2,3].
An additional feature of patenting can be associated with providing a masking protection of a complex as a part of which devices are used. In this case there is no need to specify true purpose of each patented device and its application. For example, coordinate tables, drives and guides can be used individually, but can be included in a complex which has independent commercial value. Patenting of whole complex can be impossible, or impractical, for example, so as not to "advertise" it in front of competitors. If you occupy a small share of the market, through sales you, most likely, won't be found, but if you take out patents, on keywords you will be found at once. After that, both in "West", and in "East", competitors will carefully consider your invention that to challenge it. Patenting of independent units will help to remain in "shadow", and, at the same time, will allow to protect the whole complex from claims of competitors. Certainly, the publication with disclosure of the layout scheme of a complex will be helpful.
The second type of independent devices doesn't demand concealment of possibility of their use as a part of a complex. In this case in the description of operation of the device it is possible not to hide its true purpose. For example, in the patent RU2254640 for a coordinate table its work is described as a part of the scanning probe microscope (SPM), that make the patent more clear and at the same time better define the technical results. Thus the text of the patent is filled with the so-called "meat", the shortage of which is always noted by foreign patent experts in the Russian patent applications. By consideration of the detailed patent application it is much easier to find additional features for inclusion them in an invention formula, for example, to raise inventive level of the patent. Also it is easier to justify the correctness of the introduction of new technical results.
For example, in the patent RU2254622 for cryogenic input its work as a part of SPM, but already in the vacuum chamber. It further increases the possibility of search of new features and new technical results, if it will necessary in the course of examination. It is necessary to emphasize that both described devices can have completely independent application. At the same time, there are cases, when there is no need to do the detailed description of operation of the patented device as a part of a complex, but mention of such opportunity can be expedient, primarily for the promotional purposes. For example, this is done in patents RU2498321, RU2297072, EP0823738 for inertial stepper motors and patent RU2374746 for electrostatic micro-, nano-motor.
The third type includes devices that can be used in various types of equipment. For example, the shaper Morashtite flows radiation, patent RU2486626, can be used in x-ray diffractometers, OTDR, detectors, spectrometers x-ray fluorescence analysis, as well as for ultraviolet and x-ray lithography. In this case, to describe patentable device composed of a specific equipment, most often, it is not necessary, but to adapt it to various equipment it is possible to identify additional distinctive features.
For example, the low-divergence radiation flux former, the patent RU2486626, can be used in x-ray diffractometers, reflectometers, flaw detectors, spectrometers of x-ray fluorescence analysis, as well as for ultraviolet and x-ray lithography. In this case, as a rule, there is no need to describe patented devices as a part of the specific equipment, but in the field of their adaptation to various equipment it is possible to reveal additional distinctive features.
Devices with possibility of independent use,
but as a part of more complex systems
Complex systems typical for high-tech industries usually consist of a large number of independent subsystems, which are also quite complicated and patentable. But in this case happens difficult to bind them to the parent system. Depending on this binding devices are divided into two types.
The first type includes devices that have the ability to self-functioning, but at the same time are rigidly attached to the parent equipment. Such binding may appear in the title of the invention. For example, "Ultrahigh-vacuum scanning probe microscope" (patents RU2152103 and RU2161343), "Cryogenic scanning probe microscope" (patent RU2271583), "Small probe microscope" (patent RU2258901). Distinctive feature of this type of devices almost always are the connecting module with the parent system and constructive additions of the layout scheme, due to the specific operating conditions.
In the ultrahigh vacuum microscope connecting elements are vacuum flanges 1 (fig.1, 2) of vacuum chambers and in the cryogenic and small probe microscopes – sealed flanges 1 (fig.3, 4) of cryogenic chambers. It should be noted that in all four cases, these flanges are adapted to newly developed modules. In fig.1 on a flange 1 usual springs 2 and the vibro insulation 34, made in the form of low-temperature springs, are fixed. In fig.2 the lower part of the flange 1 is ultrahigh-vacuum, and the upper part – low-vacuum. In fig.3 the flange 1 includes low-vacuum sealings of a rotating shaft 26 and of the rod 36 carrying out linear movement, and adjustable spring 4 for vibro insulation. In fig.4 flange 1 includes sealed connectors 44, 45 and thermal insulation (thin tube) 9. Some of the above listed items have been included in the patent claims, the other part could be included if it will necessary in the process of consideration of patent application.
Now some words about the additions (adaptations) caused by operating conditions. In fig.1 it is an intermediate mass 33 with cool conductor 32, providing reduction of vibrations from the external cryostat (not shown). In fig.2 it is, first of all, the low-vacuum camera formed by the first bellows 2, a platform 3, the bush 10 and second bellows 11, which is in ultrahigh vacuum. In fig.3 it is a system of platforms 7, 8, the rod 31 and the flange 33, providing heat insulation between the flange 1 and the sample 25. In fig.4 it is a compact system of approach of the probe 28 and the sample 40 (elements 7,10,11 and 15), allowing to place the device in a helium cryostat. All of these elements are the features of the invention. Thus, this type of inventions has two additional areas of application of inventive talent: the zone of connection with the main equipment and area of adaptation to it.
For the second type, as well as for previous, remains the need of the description of the entire complex. For example, fig.5 shows the installation of the ultrahigh-vacuum SPM (fig.1) in the vacuum chamber containing plates 55 and magnets 56, which provide damping of a platform 3 by eddy currents, the manipulator 50, the screw 57, the stoppers 58 and the bearing 59 for an overload of samples in a fixed position of the SPM. All these elements also are the "meat" of the application, which makes it more comprehensive and can form the basis for the introduction of additional features into a formula of the invention at examination. Fig.6 shows the placement of small SPM (fig.4) in a sealed chamber with cryogenic input 90, which provides additional cooling of the working flange 37 through cool conductor 89. Given these circumstances, patenting of such devices usually doesn't cause difficulties, as the main problem – finding of distinctive features – is easily solved thanks to additional zones of search.
The aggregates, which can't independently function without parent system, belong to the second type. For example, the multi-probe module for a scanning microscope (fig.7) in the patent RU2306524 can scan a sample by means of piezo-tubes 2 and 8, and also provide replacement of probes 12 by their lifting by a stopper 25, which is rotated by the drive 27. But without SPM, which include the sample, system of its approaching with a probe 12 and the control unit, the multi-probe module, most likely, isn't useful. However, this type of device can be patented as an independent unit.
Also closer binding of the patented separate devices to the parent system is possible. For example, the multi-probe sensor for the scanning probe microscope (fig.8) in the patent RU2244256 includes the base 1 on which contour the consoles 2 having rigid parts 3 and flexible parts 4 are fixed. The same belongs to a probe on the basis of the quartz resonator for a scanning probe microscope (fig.9), the patent RU2297054, including the first 4 and the second 5 needles which are fixed, respectively, on the first 2 and the second 3 shoulders of the quartz resonator 1. These devices can't be used independently, but they too can be patented as separate units, having paid even more attention to their use in the parent module.
Certainly, such devices are patented and without description of parent system, as, for example, a tip for measurement of mechanical properties of the materials (patent RU2126536), made of fullerite, which can't be used outside of a measuring complex. The same approach is implemented when patenting a ion source with closed electron drift (patent RU2030807), which can be used only as a part of the vacuum chamber. But these patents are taken out at the end of the last century, and is unsuitable to use them as samples. Considering the raised requirements of examination, it is better to err. For example, use of the sensor is presented in the patent RU2244256 by the mechanisms of its rotation (fig. 10) which includes a platform 20 with the holder 24, the control unit 26, and also analysis system with the laser 27 and a photodetector 28. For such inventions is quite simple the transition to new object of patenting – the whole complex is quite simple. But thus there is a choice: to patent separately unit, or all device through this unit. For the solution of this question we will consider the third type of patents.
Devices, patented through separate new units
Devices can be patented through new units entering them. For example, scanning probe microscope (patent RU2494406) is patented through the probe 3, fixed on a quartz resonator 6 (fig.11), which has the shoulders of different lengths. It was necessary to patent the entire device with piezoscanner 2, base 8, the sample 10 and rude supply 4, due to claims of competitors. Technically, this was solved quite simply: in restrictive part of a formula of the invention the probe, and in distinctive part – its modernization was specified.
Let's review one more example. The main element of the invention according to the patent RU2152063 (fig.12) for a scanning probe microscope represents the three-probe sensor consisting of elastic elements 12,13, 14 with the needles 15, 16, 17. However, it is possible to provide operability of the probe sensor only due to swing of the holder 6 for simultaneous op-timum installation of needles 15, 16, 17 concerning the measurement plane, that can only be achieved as part of the SPM. This determined the need for patenting the entire device. That is, the choice of patenting of the device through the unit can be defined both "political", and technical reasons.
The well-known devices combined
with well-known devices
The fourth class described in detail in [1,4]. Often a new direction in science and technology arises when combining known technologies [5]. This approach is advantageous because it allows you to create a new one when using the known. But in the patenting of such complexes there are problems when examination opposes to combined devices known decisions separately. Therefore as it was already noted in [1,4,5], at combination of known devices it is advisable to use interpenetration of features, that leads to a certain modification of known devices and additional technical results.
The multipurpose complexes including
a large number of independent subsystems
The fifth class, somewhat, is a development of the fourth (there two known devices were united in a complex, here –a lot of), but it is allocated in separate group because of specific features of patenting. This question was considered in [1]. In brief: for a multipurpose complex it is necessary to allocate a uniting module which connects the maximum number of subsystems. In nanotechnological complexes according to the patents RU2308782 and RU2390070 the transport system which is individual for each complex became such uniting module. However, it is natural as at integration even completely known subsystems there is enough of problems, and, as a result, – the new features, allowing to solve them. But it is necessary to notice that in complexes transport systems can be a subject of patenting (RU2158454, RU2380785) – in this case they can be considered as multipurpose complexes.
Exceptions are possible also. For example, in a nanotechnological complex (RU2010128740) the part of transport system was included in restrictive part of a formula of the invention, and its modification in – distinctive. Thus the known modules located in a new configuration and having additional communications with the modified transport system didn't leave chances to examination on refusal in issue of the patent.
The second feature of patenting of multipurpose complexes is connected with that besides association of known subsystems, is expedient to include in a complex something essentially new even if this new isn't used now, and is planned to use in the long term. For example, in the patents RU2498321 and US8312560 for the multipurpose probe microscope, providing complex research of the sample with 6 quick-change heads 13 and 16, original holders of the needle 15 and the cantilever 18 were used (fig.13). This feature is reflected in the dependent claims, but could be used in any version of device that allowed to defend primary formula of the invention and its independent point in initial, most "strong" form. The needle 15 (fig.14) is fixed in the V-shaped groove 66 by a screw 69, which is located with an axial offset L1. The chip (carrier) 74 with the flexible console (cantilever) 72 pressed against the stoppers 83, 84 with eccentric 86 (fig.15).
The practical use of classification
Using the proposed classification, having established a class and type of the invention, it is possible to define areas of search of new features and to identify the additional features which haven't been found at the beginning of work.
As experience shows, the inventor with experience, and the patent engineer often getting "tired eyes" and the desired features are not detected at the right time. For example, when the author prepared an application for ultrahigh-vacuum SPM (fig.1), wasn't paid due attention to connection and adaptation with the parent equipment where it would be possible to make the following improvements: to agree rigidity of vibro insulation 34 with cool conductor 32; to perform it compound with the materials, having low heat conductivity; ; to eliminate resonance of intermediate mass 33 with the platform 3. It would allow to enter additional features in a formula of the invention and to increase the protection ability of the patent. ■
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