The characteristic of a patent is that it uses public technology in exchange for protection for a specific period of time. Therefore, the authorized patent must disclose the technology and process flow.
Article 26, Paragraph 3 of the Patent Law stipulates that the description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of skilled personnel in the relevant technical field to realize it. The description of the invention or utility model should be clear and complete to the extent that a person skilled in the technical field can realize it. In other words, the description should meet the requirements for fully disclosing the invention or utility model.
The Patent Examination Guidelines stipulate the description of a patent as follows:
1 Clear
The content of the description should be clear, and specifically it should meet the following requirements:
(1) The theme is clear. The description should start from the existing technology and clearly reflect what the invention or utility model intends to do and how to do it, so that those skilled in the technical field can accurately understand the subject matter claimed by the invention or utility model. In other words, the description should state the technical problems to be solved by the invention or utility model and the technical solutions adopted to solve the technical problems, and describe the beneficial effects of the invention or utility model in comparison with the existing technology. The above technical problems, technical solutions and beneficial effects should be compatible with each other and should not be contradictory or unrelated.
(2) The expression is accurate. The description shall use technical terms in the technical field to which the invention or utility model belongs. The description in the description shall accurately express the technical content of the invention or utility model, and shall not be so vague or ambiguous that a person skilled in the technical field cannot clearly and correctly understand the invention or utility model.
2 Complete
A complete description shall include all technical content required to understand and realize the invention or utility model.
A complete description should contain the following contents:
(1) Contents that are indispensable for understanding the invention or utility model. For example, a description of the technical field and background technology status, and a description of the drawings when the description has drawings, etc.
(2) Determine the content required for the novelty, creativity and practicality of the invention or utility model. For example, the technical problem to be solved by the invention or utility model, the technical solution adopted to solve the technical problem and the beneficial effects of the invention or utility model.
(3) Contents required to realize the invention or utility model. For example, the specific implementation of the technical solution adopted to solve the technical problem of the invention or utility model.
For an invention or utility model that overcomes technical prejudice, the description should also explain why the invention or utility model overcomes technical prejudice, the difference between the new technical solution and the technical prejudice, and the reasons for overcoming technical prejudice. Techniques used to bias.
It should be pointed out that any relevant content that cannot be derived directly and uniquely from the prior art by those skilled in the technical field should be described in the description.
3 Able to realize
Able to be realized by a person skilled in the technical field means that a person skilled in the technical field can realize the invention or utility model according to the contents recorded in the instructions. program, solve its technical problems, and produce the expected technical effects.
The description should clearly record the technical solution of the invention or utility model, describe in detail the specific implementation methods for realizing the invention or utility model, and completely disclose the technical content essential for understanding and realizing the invention or utility model. , to the extent that a skilled person in the relevant technical field can realize the invention or utility model. If the examiner has reasonable grounds to question that the invention or utility model does not meet the full disclosure requirements, he should ask the applicant for clarification.
The following situations are considered unachievable due to lack of technical means to solve technical problems:
(1) The instructions only give tasks and/or assumptions, or only indicate a wishes and/or results, without providing any technical means that enable those skilled in the technical field to implement them;
(2) The technical means are given in the description, but the technical means in the technical field are not provided. For technicians, this method is vague and cannot be implemented specifically based on the content recorded in the manual;
(3) The technical method is given in the manual, but the technical method is adopted by technicians in the technical field and cannot be implemented. It cannot solve the technical problem to be solved by the invention or utility model;
(4) The subject of the application is a technical solution consisting of multiple technical means. For one of the technical means, a skilled person in the technical field shall follow the instructions The recorded content cannot be realized;
(5) The specific technical solution is given in the instructions, but no experimental evidence is given, and the solution must be confirmed by experimental results before it can be established. For example, for inventions of new uses of known compounds, usually experimental evidence needs to be given in the description to confirm the stated uses and effects, otherwise the achievable requirements will not be met.
Therefore, an authorized patent must fully disclose the technical process. If the disclosure is insufficient, a request for invalidation of the patent can be made on the grounds of insufficient disclosure.