Requirements for writing claims and analysis of customs cross-border e-commerce supervision

The claim is one of the most important documents in the patent application process. The quality of its drafting directly affects the scope of protection of the patent right and the determination of infringement. When writing claims, you first need to exclude subject matter that does not meet the definition of the Patent Law and ensure that the claims include independent claims and dependent claims.

Tips for writing claims

Exclude topics that cannot be protected

At the beginning of writing the claims, it is necessary to exclude those subjects that do not meet the definition of invention or utility model in Article 2 of the Patent Law. For example, it is obvious that the subject matter falls under Article 5 or 25 of the Patent Law and cannot be patented. The object of the right, and it is obviously inconsistent with the provisions of Article 22, Paragraph 4 of the Patent Law regarding practicality.

Writing requirements

Independent claims

• Should have a broad scope of protection to reflect the interests of the applicant to the greatest extent;
• Clearly and concisely limit the scope of its protection;
• Document all necessary technical features to solve technical problems;
• Novel and creative;
• Comply with other provisions on independent claims in the Patent Law and the Implementing Rules of the Patent Law.

Subordinate claims

• The quantity is appropriate and reasonable;
• Has a clear logical relationship with the cited claims;
• Provide sufficient room for modification;
• Comply with other provisions of the Patent Law and the Implementing Rules of the Patent Law regarding dependent rights claims.

Cross-border e-commerce customs supervision analysis

Nansha Customs, a subsidiary of Guangzhou Customs, has adopted a “four-degree” analysis method to strengthen the supervision of cross-border e-commerce.

Fourth degree analysis method

Activity analysis

Through real-time monitoring of data such as the number of visits and click-through rates of e-commerce platform websites, high-risk e-commerce platform companies are screened out.

Concentration analysis

Integrate orders, logistics orders, payment orders and other data, conduct concentration analysis on orderers, payers and other information, and screen out high-risk data.

Credibility analysis

Compare orders, payment orders, logistics orders and other data to evaluate the credibility of enterprise declaration data.

Relevance analysis

Based on massive data, through group statistics, it displays the correlation between different business roles and locks in other related enterprises.

Conclusion

Whether it is drafting claims for patent applications or customs supervision of cross-border e-commerce, meticulous professional skills and rigorous operating procedures are required. When writing claims, the requirements of the Patent Law and the Implementing Rules of the Patent Law should be followed to ensure that the scope of protection of the technical solution is clear and reasonable. For cross-border e-commerce, the customs has effectively improved the efficiency and accuracy of supervision through the “four degrees” analysis method, ensuring market fairness and regulation.

Through these professional analysis methods and technical means, it can not only improve the compliance of enterprises, but also promote the healthy development of the cross-border e-commerce industry. Understanding these rules and requirements will help enterprises seize opportunities and achieve sustainable development in the fierce market competition.