The numerical terminology used in a claim can only indicate the minimum or the maximum value, or to include the range between 0 to 100%. For example, “greater than..,” “smaller than…,” “at least…,” “at most…,” “…above,” “…below,” “0 to…%,” and so on, may usually result in an unclear claim. Only when this kind of terminology has a clear definition in a specific technical field, or when those skilled in the art can understand the scope based on the specification, which will not result in an unclear definition, can this type of terminology be used in a claim.

Only an invention patent may be granted in the aforesaid situation. Even if the utility model patent has been granted after formality examination, if a third-party files an invalidation claiming the utility model patent violates Paragraph 1 of Article 31 applicable mutates mutandis under Paragraph 4 of the same Article, which is applicable mutates mutandis under Article 108, the patent authority will make the decision to revoke the utility model patent rights. If on the contrary, the utility model patent application was filed first, only the utility model patent may be granted, and the invention patent application violates Paragraph 1 of Article 31 applicable mutates mutandis under Paragraph 4 of the same Article.